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LSDefine
Simple English definitions for legal terms
positivistic
Read a random definition: aliud simulatum, aliud actum
A quick definition of positivistic:
Positivistic means that something is based on the idea that rules and laws are only valid because they are made by people in charge, not because they are the right thing to do. This idea is often used in the study of law. It is like when scientists only study things they can see and measure, without trying to explain why they are there. In the same way, legal positivists only study the laws that exist, without worrying about how they were made or if they are fair.
A more thorough explanation:
Definition: Positivistic is an adjective that describes something related to legal positivism. Legal positivism is a theory that suggests that legal rules are only valid because they are created by a political authority or accepted by a society, not because they are based on morality or natural law.
For example, legal positivists believe that a law is valid simply because it was created by a government or other political authority, regardless of whether it is morally right or wrong. This means that a law that is considered unjust or immoral can still be considered valid if it was created by a legitimate authority.
Legal positivism has been supported by scholars such as H.L.A. Hart, who argued that the law should be studied as a social phenomenon rather than as a moral or philosophical concept.
Overall, positivistic refers to a way of thinking that emphasizes the importance of legal rules and institutions, rather than moral or philosophical principles.