Juspositivism (feb 15, 1748 – 0h 2min, jun 19, 2025 y)

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As John Gardner has said, legal positivism is 'normatively inert'; it is a theory of law, not a theory of legal practice, adjudication, or political obligation. Legal positivists believe that intellectual clarity is best achieved by leaving these questions to a separate investigation.

Hart in 1958 found common usages of "positivism" as applied to law to include the contentions that:

1) laws are commands of human beings
2) there is no necessary connection between law and morality, that is, between law as it is and as it ought to be.
3) analysis (or study of the meaning) of legal concepts is worthwhile and is to be distinguished from history or sociology of law, as well as from criticism or appraisal of law, for example with regard to its moral value or to its social aims or functions
4) a legal system is a closed, logical system in which correct decisions can be deduced from predetermined legal rules without reference to social considerations
5) moral judgments, unlike statements of fact, cannot be established or defended by rational argument, evidence, or proof ("noncognitivism" in ethics)[1]

FONTES DO DIREITO: DIREITO CIVIL
- As fontes formais imediatas são: os atos emanados do Poder Legislativo e do Poder Executivo.
- As fontes formais mediatas são: os costumes, os princípios gerais de direito, a jurisprudência e a doutrina.
- As fontes materiais (organismo dotado de poderes para a elaboração das leis) são: U/E/DF/M

FONTES DO DIREITO: COMMON LAW
- Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and delegated legislation (in U.K. parlance) or regulatory law (in U.S. parlance) (that is, regulations promulgated by executive branch agencies).

ORIGEM: BRITÂNICO VS. CONTINENTAL
The British legal positivism hitherto mentioned was founded on empiricism; by contrast, Germanic legal positivism was founded on the transcendental idealism of the German philosopher, Immanuel Kant. Whereas British legal positivists regard law as distinct from morals, their Germanic counterparts regard law as both separate from both fact and morals.

JUSPOSITIVISMO VS. DIREITO POSITIVO
Direito positivo é aquele que é posto pelo homem. Mesmo em sistemas Jusnaturalistas pode haver Direito posto, contudo o Direito natural a ele se sobrepõe.

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