Positivism

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Postivism means never having to say you’re sorry.

Positivism
/ˈpɒzətɪvɪzᵊm/ (n.)

A theory that laws derive their validity from the simple fact of their enactment by a competent authority or logical derivation from existing decisions, rather than from any any abstract underlying principles of justice or morality. Laws are laws because they are posited, that is to say.

The common law presents the dilemma because it purports to be positive in this sense — common law courts cannot make up their own rules, but can only reason by reference to precedent — while this leaves them with a stonking great elephant in the room. Four elephants, in fact: and an infinite stack of turtles.

The JC harbours the view, argued here, that lawyers are naturally drawn to positivism, because it offers a way of of never having to take responsibility for anything that do, whilst still being able to charge handsomely for it. This also means they are most unlikely to volunteer to change anything for the better because — why would you?

See also

• Large learning model
• Doctrine of precedent