reduces the issue of law down to its bare essentials, with no remaining power to deal with the practical issues of law, both in theory and in practice. During the 20th Century, the advances of legal positivism were challenged by various schools of legal philosophy dedicated to the establishment of justice per se, eventually resulting in the rebirth of natural law theory.303 The overriding purpose of this trend was to reinstitute the connection between law and morals that positivistic theory had severed, thereby making the validity of positive rules of law conditional upon their correspondence to some super-positive norm (which itself reflected or was a higher level of justice).304 The re-emergence of natural law theory, among other things, was fueled by the events of WorldWar II and Stalinist terror. Such events were cited as arguments to disprove the validity of legal positivism; as a consequence thereof it was argued that the only viable alternative to legal positivism was natural law in some form or another.305 Viewed from the perspective of the value of law, good or evil, natural law theory has a definite advantage over the value indifference of positivistic legal science because once natural law theory has identified the core values of justice, it conducts its analysis of law on the basis of a predetermined axiological premiss, allowing it to determine a priori whether or not a given legal order or rule of law is intrinsically just.306 Natural law theory thus brings values other than those expressed in the sources of law into the scientific analysis of law, while positivism strives at keeping such an inclusion of a ca l l f o r s c i e n t i f i c p u r i t y 639 303 E.g.,Verdross, Abendl. Rechtsph., pp.200-220; Ross,“Naturret,” pp. 510-512;Olivecrona, Rättsordningen, pp. 71-76;Wieacker, History, pp. 465-472; Strömholm, Rätt etc, p. 132. 304 Olivecrona, Rättsordningen, pp. 74-75; Peczenik, Vad är rätt?, pp. 137-138. Cf. Kaufmann, Rechtsphilosophie, pp. 199-219. 305 Ross,“Naturret,” pp. 497-502; Olivecrona, Rättsordningen, pp. 71-72; Kaufmann, Rechtsphilosophie, pp. 207-212; Rüthers, Rechtstheorie, pp. 159-187, 237-258, and 317-333. 306 Ross, “Naturret,” pp. 500-501 and 510-517. Cf. Olivecrona, Rättsordningen, pp. 71-76 and 81-83. 2 . 3. 5 ius naturale redivivum
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