õiguspositivismiks

õiguspositivismiks is a legal philosophy that asserts that the existence and content of law depend on social facts, not on its merits. It holds that laws are rules created by human beings, and their validity is determined by whether they have been enacted through a recognized process, such as by a legislature or a court. This contrasts with natural law theories, which argue that law is based on morality or reason and that unjust laws are not truly laws.

Key tenets of legal positivism include the separation thesis, which states that there is no necessary connection between law and morality. A law can be legally valid even if it is considered morally wrong. Another important concept is the pedigree thesis, which posits that the legal validity of a rule can be determined by examining its source or origin, often through a rule of recognition that identifies the criteria for valid laws within a legal system.

Legal positivists distinguish between the question of whether a law exists and the question of what the law requires. They focus on describing the law as it is, rather than advocating for what it ought to be. Prominent figures in the development of legal positivism include John Austin, H.L.A. Hart, and Hans Kelsen. Hart's work, in particular, introduced the idea of primary and secondary rules, with secondary rules governing the creation, modification, and adjudication of primary rules, providing a more sophisticated understanding of legal systems.