Legal Positivism
/ˈliːɡəl ˈpɒzɪtɪvɪzəm/
Definitions
- (n.) A jurisprudential theory that laws are rules created by human authorities and are not derived from moral principles or natural law.
Legal positivism asserts that the validity of law depends on its sources rather than its moral content.
- (n.) The stance within legal theory emphasizing separation between law and morality.
Legal positivism contrasts with natural law theory in its emphasis on legal systems as autonomous.
Related terms
Commentary
Legal positivism underlines the distinction between 'what the law is' and 'what the law ought to be'; drafters should note this separation when citing or applying law.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.