Abstract

CARRILLO DE LA ROSA, Yezid  and  CABALLERO HERNANDEZ, Joe. Legal Positivism. Prolegómenos [online]. 2021, vol.24, n.48, pp.13-22.  Epub Dec 31, 2021. ISSN 0121-182X.  https://doi.org/10.18359/prole.4168.

This paper presents different stands on legal positivism, as philosophical positivism is similar to it and is an idea without which we cannot understand or explain the epistemological foundations of the knowledge of positive law. This thought, common to the social sciences that embrace the philosophical and scientific postulates of positivism, involves the belief that, first, good, genuine, or legitimate knowledge comes solely and exclusively from experience; and, second, that the role of the subject and, thus, the jurist is to describe the legal reality (positive law) impartially and objectively, not to assess it. Therefore, this paper introduces the origins of and various positions, characterizations, concepts, and theories associated with legal positivism to check its similarity with philosophical positivism.

Keywords : legal concepts; philosophy of law; philosophical positivism; legal positivism; legal theory.

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