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Simple English definitions for legal terms
legal positivism
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A quick definition of legal positivism:
Legal positivism is a theory that says laws are only valid because they are made by people in power or accepted by society, not because they are based on what is right or wrong. This means that laws can be changed or created by those in charge, even if they don't seem fair or just. It's like how scientists only study things they can see and measure, without worrying about why they exist. Legal positivists only focus on the laws themselves, not how they were made or if they are morally right.
A more thorough explanation:
Definition: Legal positivism is a theory that suggests that laws are only valid because they are created by a political authority or accepted by a society. This means that laws are not necessarily based on morality or natural law.
For example, if a government passes a law that says it is illegal to smoke in public places, legal positivism would argue that this law is only valid because the government created it, not because smoking in public places is inherently wrong or against natural law.
Legal positivism is often contrasted with natural law theory, which suggests that laws should be based on moral principles and natural law.
Legal positivist: A legal positivist is someone who believes in the theory of legal positivism.
Comparison to scientific positivism: Legal positivism is often compared to scientific positivism, which is a theory that focuses on observable phenomena and regularities in nature without considering ultimate causes or metaphysics.