õigusteaduslikkus

Õigusteaduslikkus, often translated as legal positivism, is a school of thought in legal philosophy. It asserts that the existence and content of law depend on social facts, rather than on its merits. In simpler terms, what constitutes law is determined by whether it has been enacted by a recognized authority in a particular society, regardless of whether that law is considered just or moral. This contrasts with natural law theories, which posit that law is derived from inherent moral principles or natural rights.

Key tenets of Õigusteaduslikkus include the separation of law and morality. Proponents argue that while morality may influence the creation of laws, a law's validity as a legal rule does not depend on its moral content. If a rule is enacted according to the established procedures of a legal system, it is considered a valid law, even if it is considered unjust. Another important concept is the social fact thesis, which states that the existence of law is a matter of social convention. This means that laws are created, recognized, and enforced through human actions and social practices.

Prominent figures associated with Õigusteaduslikkus include John Austin and H.L.A. Hart. Austin viewed law as a command of a sovereign backed by the threat of punishment. Hart, on the other hand, developed a more sophisticated theory, distinguishing between primary rules (which govern conduct) and secondary rules (which govern the creation, modification, and adjudication of primary rules). For Hart, a legal system is a union of primary and secondary rules, with a "rule of recognition" being a crucial secondary rule that identifies the criteria for legal validity. Õigusteaduslikkus has been influential in shaping legal systems and legal reasoning worldwide.