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LSDefine
Simple English definitions for legal terms
positivist jurisprudence
Read a random definition: droit de bris
A quick definition of positivist jurisprudence:
Positivist jurisprudence is a way of thinking about the law that says only laws made by a government or other official source are valid. This means that laws based on religion or morality are not considered real laws. It's like saying only the rules made by a teacher or principal at school are the real rules, and not the ones made up by students.A more thorough explanation:
Positivist jurisprudence is a theory that only considers laws that are derived from or sanctioned by a sovereign or some other determinate source as valid. This means that laws must come from a specific authority to be considered legitimate.
For example, in a country with a written constitution, only laws that are in accordance with that constitution would be considered valid under positivist jurisprudence. Any laws that go against the constitution would be considered invalid.
Another example would be laws created by a monarch or other ruling authority. Under positivist jurisprudence, these laws would be considered valid because they come from a determinate source of authority.
Overall, positivist jurisprudence emphasizes the importance of a clear and specific source of authority for laws to be considered legitimate.