The Making of Law

Abstract

So long as the idea of sovereignty alone was dominant, it was accepted as self-evident that the imperative character of the law was derived from the sovereign, whether it were king, parliament, people, or state. Because of the sovereign’s inherent right to authority, his will was positive law (Gesetz) and as such embodied principles of right (Recht). The legislator, therefore, appeared as the constructive sovereign who has called the law into existence.