Which theory posits that laws created by the government are the highest authority?

The positivist school of thought in legal theory asserts that laws created by the government represent the highest authority in a society. This theory emphasizes that law is a set of rules created and enforced by the state, irrespective of moral considerations. Under positivism, the legitimacy of law stems not from its moral underpinnings but from its source—government decree or legislation.

Positivists believe that legal systems should be understood as human-made structures, and the validity of a law is determined purely by its creation according to established procedures, rather than by its alignment with moral or ethical considerations. Consequently, the laws enacted by the legislature or state authorities hold the highest power, creating a clear distinction between law and morality.

This perspective contrasts with natural law theory, which holds that certain laws are inherent and universal, derived from moral principles. Legal realism looks at how laws operate in practice rather than their theoretical underpinnings, and critical legal studies focuses on the social implications of law and its impact on power dynamics. Each of these theories offers a different lens through which to analyze the function and authority of laws, but the positivist school firmly places government-created law at the pinnacle of legal authority.