HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
positivism
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A quick definition of positivism:
Positivism is the idea that we can only know things for sure if we can see them or measure them. We can't just guess or use our imagination. This applies to knowledge about the world and also to knowledge about the law. Positivists believe that the law comes from specific sources, like the government or a written document, and we can only follow those sources. We can't just make up our own rules.
A more thorough explanation:
Positivism is the belief that true knowledge comes from observing things, rather than just thinking about them. This applies to legal systems as well.
For example, legal positivism would say that a law is only valid if it comes from a specific source, like a government or a court. It wouldn't matter if the law seems fair or not, as long as it follows the proper process.
Another example is logical positivism, which says that only statements that can be proven true or false through observation are meaningful. This means that things like ethics or religion are not considered valid knowledge.