In order to know the meaning of the term iuspositivismo, the first thing we are going to do is discover its etymological origin. In this case, we have to emphasize that it is a word that derives from Latin. Exactly we can indicate that it is the result of the sum of several lexical components of that language:
-The noun “ius”, which can be translated as “law” or “right”.
-The word “positivus”, which is equivalent to “explicitly stated”.
-The suffix “-ismo”, which is used to indicate “doctrine”.
It is called iuspositivism to a philosophical current developed in the legal field, based on the separation between right and the moral: for iuspositivism, there is not necessarily a link between the two.
Although there are different approaches and trends, at a general level it can be said that iuspositivism understands the law as a set of norms established by the human being through the State. The process of establishing the rules, which allow the organization of society and the discipline of individual behaviors, is developed according to formal procedures that are considered valid.
Iuspositivism, therefore, differs from natural law. While iuspositivism takes as the source of the right the written legal order created by the man that governs at a certain time, natural law maintains that there is a natural right of a universal nature that is supralegal and that emanates from the human condition itself.
For iuspositivism, there is no moral interpretation nor a consideration of fairness or unfairness in applying a rule. What is important is the norm itself, established by the human being in direct relation to certain social phenomena.
At this point it is important to take into account the aforementioned differences between law (according to the concept of iuspositivism) and moral. The iuspositivista right focuses on the external conducts of the people and is coercive (the State can force its fulfillment); morality, on the other hand, is linked to the intentions and autonomy of each individual and is not mandatory. Just as the norms of law according to iuspositivism are objective, the moral norms are subjective.
In addition to everything indicated, we have to establish that within iuspositivism there are, in turn, several types, among which we can highlight the following:
-Conceptual iuspositivism. It is also known as methodological iuspositivism and it establishes that law is separated from morality in a conceptual way and that, therefore, it can be analyzed and identified without having to resort to it.
– The ideological iuspositivismo is the one that comes to determine that the right is necessary to fulfill it and to obey it. And it is that it starts from a very concrete and firm conception of what justice is.
-The logical iuspositivism, which refers to the fact that legal science is not empirical but is normative.
Throughout history there are many different figures who have expressed themselves in favor of iuspositivism and who have developed or defended it. Among those we can highlight some such as HLA Hart, Hans Kelsen, John Austin or the German jurist Rudolf von Ihering.