Exploring Legal Positivism: Foundations, Principles, and Contemporary Implications in Law

Introduction Legal positivism is a school of thought that has significantly influenced the development of legal theory and practice since the 19th century. Its core tenet asserts that law is a set of rules and norms created by human beings, independent of moral considerations or ethical implications. This report aims to explore the foundational principles of legal positivism, its historical context, and its implications in contemporary legal systems. By examining the contributions of key legal positivists and analyzing the critiques against this framework, this paper will provide a comprehensive understanding of legal positivism’s role in shaping modern jurisprudence and its relevance to current legal debates.

Foundations of Legal Positivism Legal positivism emerged as a reaction against natural law theories, which posited that law is inherently tied to morality and universal principles. One of the foremost proponents of legal positivism, Jeremy Bentham, argued that laws are commands from a sovereign authority and should be analyzed based on their utility rather than their moral content. Bentham’s utilitarianism laid the groundwork for