What is Juspositivism in Philosophy?

Juspositivism is a philosophical current that seeks to understand the legal phenomenon from a positivist perspective. This current originated in the XNUMXth century, with the work of the German philosopher Hans Kelsen, and developed throughout the XNUMXth century, influencing several thinkers and jurists around the world.

Origins and foundations of Juspositivism

Juspositivism has its roots in legal positivism, a philosophical current that defends the separation between law and morals. According to legal positivism, law is a social phenomenon that can be studied objectively, without the need to consider moral or ethical values.

This conception was developed by jurists such as Jeremy Bentham and John Austin, who argued that law is a set of rules created by the State and which must be obeyed by citizens. For them, the validity of law does not depend on its conformity with moral principles, but rather on its origin in a legitimate authority.

Main characteristics of Juspositivism

Juspositivism is characterized by some fundamental ideas. Firstly, he defends the separation between law and morals, arguing that law must be studied objectively, without the interference of subjective values.

Furthermore, Juspositivism emphasizes the importance of law as the main source of law. For juspositivists, legal norms are created by the State and must be followed by citizens, regardless of their compliance with moral principles.

Another characteristic of Juspositivism is the emphasis on the validity of the law. According to this current, the validity of the law does not depend on its conformity with moral or ethical principles, but rather on its origin in a legitimate authority.

Criticisms of Juspositivism

Juspositivism has been the target of various criticisms over the years. One of the main criticisms is that this philosophical current disregards the importance of moral and ethical values ​​in the analysis of law.

For critics of Juspositivism, the separation between law and morals is artificial and does not match reality. They argue that law cannot be studied in isolation, as it is intrinsically linked to moral and ethical issues.

Furthermore, Juspositivism has also been criticized for its emphasis on the validity of law. For critics, the validity of the law cannot be analyzed in isolation, but rather in conjunction with its compliance with moral and ethical principles.

Contributions of Juspositivism

Despite the criticism, Juspositivism also made important contributions to the study of law. One of the main contributions is the emphasis on the objectivity and scientificity of law.

According to juspositivists, law can be studied objectively, using scientific methods. This perspective allowed the development of a more precise and rigorous theory of law, based on empirical and logical analyses.

Furthermore, Juspositivism also contributed to the understanding of law as a social phenomenon, influenced by political, economic and cultural factors. This perspective expanded the field of study of law, allowing for a more comprehensive and contextualized analysis.

Conclusion

In short, Juspositivism is a philosophical current that seeks to understand law from a positivist perspective. Despite criticism, this current made important contributions to the study of law, emphasizing its objectivity and scientificity. However, it is important to consider that law cannot be analyzed in isolation, but rather in conjunction with moral and ethical values.