MrThickRopes
21:55
Warning
Info
Warning
Info
LSDefine
Simple English definitions for legal terms
positivistic jurisprudence
Read a random definition: inevitable-disclosure doctrine
A quick definition of positivistic jurisprudence:
Positivistic jurisprudence is a theory that says only laws made by a government or other official source are valid. It doesn't matter if the law is fair or not, as long as it comes from an official source. This theory is different from other theories that say laws should be based on what is right or wrong.A more thorough explanation:
Positivistic 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 are only valid if they are created by a recognized authority, such as a government or a court.
For example, in a country with a positivistic legal system, a law that is passed by the government and is in accordance with the constitution is considered valid, while a law that is not passed by the government or is not in accordance with the constitution is not considered valid.
Positivistic jurisprudence is different from natural law, which holds that laws should be based on moral principles and natural rights. Positivistic jurisprudence only considers laws that are created by a recognized authority, regardless of whether they are morally just or not.