THE IMPACT OF POSITIVISM IN THE FIGHT AGAINST CRIMINALITY IN NIGERIA

ABSTRACT

The elements of command by a sovereign and a breach of such command which attracts sanction has led to the creation of The Criminal Code, Panel Code, Terrorism Prevention Amendment Act    EFCC ACT, Money Laundering Act, Constitution and the Same Sex Prohibition Act , which have all proven to be great legal framework of positivism in the fight against criminality in Nigeria, by protecting the values of the society, protecting lives and properties, leading the society towards perceivable development, and trying to provide a crime free environment. Moving ahead of the doctrines of Natural School of Law deeply rooted in Reasoning, Morality, Ethics, Metaphysical and Ultimate value which lack coercive physical enforcements and leaving every man to his conscience. Without drawing a line demarcation crime from moral wrong which positivisms disagrees with, law as it is (positivism) law it ought to be (Natural law).it is for this reasons that Jurist and scholars have put their legal and philosophical knowledge to use to provide solution to this issue to show that an adoption of the principles of both positive and natural schools in the fight against criminality in Nigeria is the only hope of eradicating crime. As Prof Harts stated “that law (positivism) should have a minimum content of morality (Natural law) in it”. 

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