What is the focus of legal positivism?

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Legal positivism primarily focuses on the separation of laws and morals. This school of thought asserts that law is a set of rules and principles created by human beings, and its validity is not dependent on its moral content. According to legal positivists, laws are commands issued by a sovereign authority that must be followed regardless of their ethical implications.

Prominent legal positivists, such as H.L.A. Hart, argue that law can be understood through its structures and functions within a society, independently from moral considerations. This perspective challenges the idea that law must align with moral values to be considered valid. Thus, the emphasis on the distinct nature of law as a human construct underpins the central tenet of legal positivism, highlighting that laws derive their authority from established norms rather than from moral or ethical standards.

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