Legal positivism in K. Bergbohm's and G.F. Shershenevich's scientific concepts

Rapid development of industry, banking, trade and transport in the countries of Western Europe in the second half of the XIX century, intensified competition between individual producers, as a result of concentration of capital and monopolies formation. The state was interested in sustainable development, ensuring order, effective means against the growing labor movement. All this could be provided by legal positivism, since it understood law as a fact of social reality. A special role in this process is played by studies of positivist views of J. Bentham, J. Austin, K. Bergbohm, G.F. Shershenevich. The comparison of positivist ideas of the two latter outstanding scientists, analysis of their ideas on law in general, the role of legal norms and ratio of different types of legal consciousness allow us to understand the sources of legal positivism, reveal its philosophical and theoretical legal basis and carry out a deep and critical analysis of positivist philosophy of law.