jurisprudential positivism

Jurisprudential positivism is a legal theory that holds that laws are rules created by human beings and not derived from moral or ethical considerations. According to this view, law is valid if it follows the established procedures of a legal system, regardless of its moral content. Essentially, legal positivists believe that there's a clear distinction between law and morality; what is legal is not necessarily moral, and vice versa. This approach emphasizes the importance of statutes, regulations, and legal precedents in understanding the law, asserting that legal validity stems from their sources rather than their fairness or justice.