positive law approach英文名词解释

"Positive Law Approach"（实证法方法）在法学中，是与自然法方法相对立的一种法律理论和实践方法。它关注的是国家制定的法律规则本身，而不是法律背后的道德或哲学基础。以下是对"Positive Law Approach"的英文解释：

1. Focus on State Legislation: It emphasizes the laws made by the state, rather than laws derived from moral principles or natural law.

2. Legal Positivism: It is often associated with legal positivism, a theory of jurisprudence that treats law as a social fact and distinguishes between law and morality.

3. Emphasis on Rules: It focuses on the rules of law as they are codified and understood within a given jurisdiction.

4. Separation of Law and Morality: It posits that law can be morally neutral, and a law is valid even if it is considered morally wrong.

5. Authority of the State: The approach recognizes the authority of the state to create and enforce law, regardless of its content.

6. Source of Law: It identifies the source of law in formal sources such as legislation, judicial decisions, and administrative actions, rather than in universal principles or customs.

7. Legal Formalism: It may adopt a formalistic approach to the application of law, emphasizing the importance of following legal procedures and rules exactly as they are written.

8. Systematic Analysis: It involves a systematic analysis of legal texts to determine the meaning and application of laws without necessarily considering their broader societal implications.

9. Predictability and Stability: It values the predictability and stability that positive law provides in legal systems.

10. Legal Change through Formal Processes: It suggests that changes to the law should occur through formal legislative or constitutional processes, not through extra-legal means.

The positive law approach is a dominant perspective in contemporary legal systems, especially in Western legal traditions, and it underpins the way laws are created, interpreted, and applied in many jurisdictions.