Positivist View. There are two views on this question. According to the Positivist jurists, the law is made and enforced by the State, and therefore cannot be above it. Law owes its origin to the State and exists only so long as the State can enforce it. The State is both the source and the guardian of the law. Enforcement by the government is its distinctive feature. The State possesses the monopoly of coercive power and only those rules can be called laws which are sanctioned by its coercive power. Hence law can not be above the State.<\/p>