• Que.

    what is legal positivism


    Legal positivism is a theory in jurisprudence that asserts the law's validity stems from its enactment by legitimate authority, rather than moral or natural considerations. According to legal positivists, laws are commands issued by a recognized authority and must be obeyed regardless of their moral content. This perspective emphasizes the separation of law and morality, suggesting that what is legal may not necessarily be moral and vice versa. Legal positivism has been influential in shaping modern legal systems, emphasizing the importance of understanding law as a social institution with its own internal logic and structure, independent of moral judgment.

    Apr 13 2024

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