Legal Positivism

Believes that the only legitimate sources of law are those written rules,
regulations, and principles that have been expressly enacted, adopted,
or recognized by a governmental entity or political institution, including
administrative, executive, legislative, and judicial bodies.

Emphasizes the conventional nature of law - that law is socially

constructed

Characterized by 2 major tenets

1. There is no necessary connection between law and morality
Separability Thesis asserts that law and morality are
conceptually distinct
Definition of law must entirely be free of moral notions
(Klaus Faber)
2. Legal validity is determined ultimately by reference to certain
basic social facts

Whether a certain law is a rule depends on its source

o Valid laws are simply laws that come from certain people (kings,
city councils, etc.), in accordance with certain procedures that
the society enforces
o a principle, rule, regulation, decision or judgment will only qualify
as law if it is recognized by a duly authorized governmental body
or official
A rule can be a valid law even though it is grossly unjust
No ethical justification for the content of the law
Serves2 Values:
1. Requires all law to be written
2. Serves to curb judicial discretion (judges must decide
cases in accordance with the law, and not their personal
predilections)