Abstract
One of the main features of modern State is the monopolization of law. And in the theoretical grounds for that, Legal Positivism has a special position. Usually positivists have been seen as authors who identify law with the will of the State. It is assumed that they are interested only in the observation of facts related with the origins of law, and consequently that they identify law with political power as a fact. The aim of this paper is to show the opinion of some early 19th century German lawyers, considered positivists, about the state monopolization of law. And the sources show that political absorption was not admitted by all of those lawyers.
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