Topic > Legal Positivism Case Study - 1126

As with the protection of private property, legal positivism simply comments that laws surrounding homosexuality are valid as long as they pass through legitimate legislative institutions and ignores whether these laws are good or bad or reflective of social values. Critical Legal Studies, however, believes that the criminalization of homosexuality is an example of how the elite instills their values ​​in society at large: for example, members of parliament and judges are overwhelmingly white, wealthy, heterosexual men. As a result, this privileged class of social elites has particular views on rights and, in turn, uses the law as a tool to entrench these views in society at large, to continue their hegemonic rule over society itself and its values. This entrenchment of social values ​​is clearly evident in the way society and its values ​​clearly change as the changes, when homosexuality is punishable by death, society as a whole vilifies the homosexual as a depraved and perverse individual , but when the law became less severe in the 1960s in New Zealand, no longer punishable by death, but by imprisonment for 5-7 years, society became slightly more lenient towards homosexuality. When total decriminalization occurred, a rapid shift in social consciousness took place: when suddenly people you think are good or morally right come out as gay, it changes your perspective on who the "homosexual" is"..