Legal Positivism
Law is socially constructed, autonomous from religion, designed by higher authority.
Legal positivism is a philosophical approach to understanding law that emphasizes the importance of the formal sources of law, such as statutes and judicial decisions, over more abstract or theoretical considerations. At its core, legal positivism holds that the law is whatever the relevant authorities say it is, and that moral, ethical, or political considerations should play no role in determining the content or meaning of the law.
There are several key principles associated with legal positivism. One of the most important is the idea that the law derives its authority from a specific source, such as a constitution, statute, or judicial decision. Under this view, the legitimacy of any legal rule or decision depends on its conformity to established legal sources.
Another key principle of legal positivism is that the law is separate from morality or ethics. According to this view, there is no necessary connection between what is lawful and what is morally right or wrong. Instead, legal rules and decisions are based on the application of objective legal principles and criteria.
Legal positivism has been criticized by some scholars for its apparent disregard for ethical or moral considerations. Critics argue that this approach leads to a narrow or incomplete understanding of the law, which may fail to capture important aspects of legal reasoning and decision-making. However, proponents of legal positivism argue that it provides a useful framework for understanding the role and function of law in modern society.