The aim of this essay is to demonstrate that legal positivism has been submitted to criticism from its very beginning, at early 19th century, and not only from the neoconstitutionalist wave. Firstly we will examine the inconveniences of the conceptual approach to the problem of legal positivism and we will sustain that a historical approach is needed to properly undertake the question regarding the alleged obsolescence of legal positivism. Secondly we will go over the continuous crisis that legal positivism has endured along its two-hundred years' history, and it will be shown how this current has adapted to all its purported refutations. Lastly we will argue that, from the above mentioned perspective, the criticism of post-positivism does not involve a radical rejection to legal positivism, but a re-orientation which goes parallel with profound ideological transformations in the global order.