Legal Positivism Law and Legal Definition

Legal positivism refers to a school of thought in philosophy of law and jurisprudence that the existence and content of law depends on social facts and not on its merits. According to positivist thesis, whether a society has a legal system depends on the presence of certain structures of governance, and not on the extent to which it satisfies ideals of justice, democracy, or the rule of law. They believe that the only legitimate sources of law are those written rules, regulations, and principles that have been expressly enacted, adopted, or recognized by a governmental entity or political institution, including administrative, executive, legislative, and judicial bodies.