Which philosophy views the law as a human creation rather than a reflection of moral standards?

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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 is the philosophy that views the law as a human creation, asserting that laws are established by social contracts or legislative processes and not necessarily tied to moral standards. This perspective emphasizes that the validity of a law is determined by its source and the procedures used to enact it, rather than any moral considerations. Legal Positivists argue that laws must be adhered to, regardless of their moral implications, as long as they are created according to the established processes of the legal system.

In contrast, Legal Naturalism holds that law should be based on moral principles and is often linked to universal moral truths. Legal Pragmatism focuses on practical outcomes and real-world implications of laws rather than their origins or moral standings. Critical Theories of Law analyze how laws perpetuate societal inequalities and critique the established legal norms instead of viewing them merely as human constructs. Each of these philosophies provides different insights into the role of law in society, but Legal Positivism distinctly emphasizes the human-centered creation of law independent of morality.

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