Legal Positivism

Definition of Legal Positivism

Note: See a more comprehensive approach to the Legal Positivism legal concept in the American Law Encyclopedia

A jurisprudence that sees law as a body of man-made rules. Key to legal positivism is the concept of sovereignty and the exercise of sovereign power. Positive law sets out rules of conduct based on the relationship between those who rule and those who are ruled. To the positivist, law is a body of rules adopted and enforced by the state as it seeks to administer justice. In a representative democracy, positive law is a rule based on the will of the majority. The foremost exponent of legal positivism was John Austin, an English jurist of the nineteenth century. Austin rejected natural law jurisprudence. Instead, he saw law as a body of content quite separate from moral abstractions and social forces. While those factors exist, they do not directly bear upon the “science” of positive law. Because Austin provided the broadest theoretical framework for positivism, legal positivism is often referred to as Austinian Positivism. Legal positivism is also referred to as analytical jurisprudence.

See Also

Legal Realism (Judicial Function) Natural Law (Judicial Function).

Resources

Legal Positivism Related Resources

• Legal Positivism in the United States Legal Encyclopedia
• Judicial Function Keywords in the United States Legal Encyclopedia
• Judicial Function Keywords in the International Legal Dictionary

Notes

• “Legal Positivism”, The American Law Dictionary, 1991, California

Legal Positivism (Judicial Function)