Legal Positivism gathers the jurists and legal philosophers associated with legal positivism and the closely related analytical school of jurisprudence, the view that law's validity rests on its having been enacted or recognized through a society's own accepted legal rules and institutions, separate from any question of its moral merit. Its members include the founders of analytical jurisprudence who broke legal concepts into their basic logical elements, and later positivist and neo-positivist theorists who refined and defended the tradition against its critics.
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Defining CharacteristicLegal positivists who hold that the existence of law and its content depend on social facts such as legislation, judicial decisions and customs, rather than on morality. 1 Formation Year All Legal Positivism
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1. Legal positivism (Wikipedia)
WikipediaLegal positivism, lead section
the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality
Legal positivism, lead section, Bentham and Austin sentence
Jeremy Bentham and John Austin were key 18th and 19th-century legal philosophers who argued that a law is valid not because it is intrinsically moral or just, but because it comes from the sovereign.
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