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What is an example of legal positivism?

The Constitution

The Declaration of Independence

Legal positivism is a theory that emphasizes the conventional nature of law, asserting that laws are rules created by human beings and are not inherently connected to morality. This school of thought advocates that legal validity is determined by social facts rather than moral considerations.

The Declaration of Independence, while an important historical document, primarily outlines philosophical principles of rights and the justification for independence from British rule rather than serving as a law that governs conduct. Legal positivism focuses more closely on laws that have been enacted through official governmental processes.

In contrast, legal positivism can be exemplified by local ordinances, which are established rules governing specific areas and are created through legislative processes by local government entities. Such ordinances are recognized as valid law within their jurisdiction, regardless of their moral content.

The Constitution and international treaties also fit within the framework of legal positivism as they are formally enacted laws but do not exemplify the concept as directly as local ordinances do, since they are broader legal documents and frameworks rather than localized rules. Thus, local ordinances represent a clearer embodiment of legal positivism through their direct application and representation of laws created through societal and governmental procedures.

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International treaties

Local ordinances

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