Im jamal and im gonna be talking about the positivist view of law

So what is the positivist view of law? according to legal positivism, legal positivists promote a philosophy
of law in which the law and the nature of cause are based on social effects rather than moral
implications. Which means for them law is socially constructed. Positive law refers to a body of
manmade laws. These type of law may establish requirements as well as prohibitions for certain
behaviors.

Positive laws are often imposed on the residents of a specific area, hence the term "positive" may have
been used to characterize them.

Statutes, judicial decisions, and ordinances are some instances of these laws.

laws may be written and enacted by government lawmakers, courts, and administrative agencies.

Legal positivists may believe that in order for something to be valid, it must be codified or written down
and acknowledged by a governing authority. They can dismiss the idea that people will follow the law if
it is based on moral ideals. Positive laws can be enacted by individuals in positions of power to ensure
that if they are broken, there will be consequences.

So how is positive law applied in courtrooms?

In GR no 5272 on march 19 1910, AH chong was accused homcidie by the court of first instance. The
facts of the case was that AH chong was sleeping when he was suddenly awakened by someone who
was forcefully opeing his door. He called twice but there was no resposnse. Fearing that the intruder
might be a robber, Ah chong who was a cook took his knife and struck it to the intruder when it entered
the room. The intruder turned out to be his roommate Pascual that was just playing games with him. His
plea to the court was self defense.

The issue of this case is whether the defendant by reason of mistake of facts criminally liable

https://lawiqlegal.wordpress.com/2020/11/12/us-vs-ah-chong/