What does legal positivism assert?

Legal positivism asserts that laws are rules created by human beings and that there is no authority or law that stands above the laws made by national governments. This philosophical theory emphasizes that the validity of law is not dependent on its moral content but rather on its enactment by recognized authorities following established procedures. In this view, the power of law lies in its creation and enforcement by the state, meaning that laws should be followed because they are laws, regardless of their morality.

This perspective highlights a clear distinction between law and morality, underscoring that a law's existence is not contingent on whether it is just or unjust. The principles of legal positivism also suggest that societies may enact a variety of laws that reflect their unique values and structures, and while some may criticize certain laws as unjust, that does not negate their status as laws. This understanding of legal positivism contrasts with other views that prioritize ethical considerations or moral judgments as criteria for law.