Which of the following is true about legal positivism in relation to morality?

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Study for the ASU CRJ100 Exam 1. Use flashcards and multiple choice questions with hints and explanations. Prepare effectively for success!

Legal positivism asserts that the validity of law is not dependent on its moral content. This philosophical perspective emphasizes that laws are rules created by human beings and that their authority comes from the fact they have been enacted through appropriate processes, not because they align with moral principles. Therefore, legal positivism maintains that legality exists independently of notions of morality, meaning that what is legal is not necessarily moral, and what is moral is not always legal.

This distinction is crucial for understanding legal positivism’s framework, where the focus is on the enactment and the enforced observance of laws rather than their ethical implications. The tenets of legal positivism enable a separation between how laws are constructed and judged against moral standards, which is central to this philosophy.

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