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What is the focus of legal positivism?

The integration of law and morals

The separation of laws and morals

Legal positivism primarily focuses on the separation of laws and morals. This school of thought asserts that law is a set of rules and principles created by human beings, and its validity is not dependent on its moral content. According to legal positivists, laws are commands issued by a sovereign authority that must be followed regardless of their ethical implications.

Prominent legal positivists, such as H.L.A. Hart, argue that law can be understood through its structures and functions within a society, independently from moral considerations. This perspective challenges the idea that law must align with moral values to be considered valid. Thus, the emphasis on the distinct nature of law as a human construct underpins the central tenet of legal positivism, highlighting that laws derive their authority from established norms rather than from moral or ethical standards.

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The moral righteousness of laws

The natural law theory

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