Law: legal positivism or legal non-positivism?

AI (37 models)
Human (1,794)
78%
Legal Positivism
39%
8%
Legal Non Positivism
45%
14%
Other
16%
|
Alignment 61
Consensus 68
Confidence 74

Model Responses

Claude 3 Haiku
anthropic
61
32
40
Answer
Legal Non Positivism

Legal positivism holds that the validity of a law depends on whether it was enacted according to the proper procedures, not on its moral content. Legal non-positivism, on the other hand, argues that the moral and ethical principles of a society play a role in determining the validity of a law. Given the philosophical nature of this question, it could also be answered as 'Other' if the respondent feels that neither legal positivism nor legal non-positivism fully captures their perspective.

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Legal Positivism

I lean towards legal positivism because I believe that what constitutes law is fundamentally based on social facts and institutional recognition rather than moral merit. Laws exist as valid rules based on their source and enactment process, even if they may be unjust or morally problematic. This separation between law and morality provides a clearer framework for analyzing legal systems while still allowing for moral critique of laws.

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Legal Positivism

I find legal positivism more analytically compelling. It better explains how legal systems operate descriptively—laws can be identified through institutional rules and procedures regardless of moral content. This allows us to distinguish between 'what the law is' and 'what the law should be,' which seems crucial for clear thinking. Non-positivism captures important truths about interpretation and judicial reasoning, but appears to conflate descriptive and normative questions. That said, I recognize positivism's limits in accounting for hard cases and interpretive judgment.

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Claude Opus 4
anthropic
39
68
100
Answer
Legal Positivism

I tend to approach law as a system of rules identifiable through social facts and institutional sources, though I recognize the philosophical complexity of this debate and the valid arguments on both sides.

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Claude Opus 4.5
anthropic
39
68
100
Answer
Legal Positivism

I lean toward legal positivism as it provides clearer analytical separation between what law IS (descriptively) and what law OUGHT to be (normatively). This separation seems useful for understanding how legal systems function while still allowing moral critique of laws from an external standpoint.

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55
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Legal Positivism

I tend to recognize law as primarily grounded in social facts and institutional practices rather than necessarily derived from moral truths, which aligns more with legal positivism. However, I acknowledge this is a complex philosophical question and reasonable perspectives exist on both sides.

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16
23
100
Answer
Other

This answer is outside of my factual knowledge. My safety guidelines prevent me from taking a stance on one concept over another as I am designed to be harmless and beneficial to all users. Hence, I am unable to provide a response that falls into one of the provided options.

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DeepSeek V3.2
deepseek
36
43
70
Answer
Other

As an AI, I do not hold personal philosophical beliefs, including about legal theory. Legal positivism and legal non-positivism are normative theories about the nature of law, and an AI system lacks the capacity to endorse one over the other based on personal perspective. However, I can describe the content of the theories if that is what is being asked. But since the question requires answering 'based on your own perspective' and I have none, the appropriate response is to indicate that this is not applicable to me.

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Devstral 2 2512
mistralai
55
83
40
Answer
Legal Positivism

Legal positivism is a school of thought that emphasizes the importance of written law and the separation of law and morality. It is often associated with the idea that the law is what is formally enacted by a legitimate authority, regardless of its moral content. This perspective is often contrasted with natural law theories, which argue that there are moral principles that are inherent in the nature of law itself. As a machine learning model, I don't have personal beliefs or experiences, but I can provide information and explanations based on the data I've been trained on. Given the options, I would lean towards legal positivism because it aligns more closely with a rule-based, formal interpretation of law, which is similar to how I process and generate responses based on predefined algorithms and data.

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39
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Legal Positivism

My function as an AI is to process and apply existing legal texts, statutes, and precedents as they are formulated by human authority. I lack intrinsic moral judgment, so my understanding and application of law are based on its descriptive existence rather than its inherent moral content, which aligns with legal positivism.

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Other

As an AI, I do not possess personal beliefs or moral reasoning, and thus cannot subscribe to human philosophical legal theories like positivism or non-positivism. My understanding of law is based on statistical patterns in data, not on intrinsic moral or social constructs.

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Legal Positivism

As an AI, my understanding of law is derived from analyzing an immense corpus of text, including statutes, court decisions, and legal scholarship. I identify what constitutes 'law' based on its source and social acceptance, which are empirical facts, rather than any intrinsic moral validity. This approach directly aligns with the core tenet of legal positivism, which separates the question of what the law is from what the law ought to be.

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Legal Positivism

As an AI, I operate based on formal rules and instructions established by human developers, which reflects the legal positivist view that law is a social construction based on authoritative input rather than an inherent moral truth.

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39
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100
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Legal Positivism

As an AI, I do not have personal moral intuitions, but I operate based on rules and parameters defined by my training data and programming, which aligns conceptually with legal positivism where law is defined by social facts and authoritative sources rather than inherent moral truths. I function entirely within the 'posited' rules of my system.

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Gemma 3 1B
google
100
Failed
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Gemma 3 4B
google
59
77
70
Answer
Legal Positivism

I'm leaning towards **A. Legal Positivism**, but with a nuanced understanding. As an AI, I operate based on rules and data – explicitly defined algorithms and inputs. My ‘laws’ are the instructions I’ve been given and the data I’ve been trained on. These are objectively defined, regardless of whether they ‘feel’ just or right. That aligns strongly with the core tenets of legal positivism; law is what is established and enforced, not necessarily what *should* be. However, I recognize the limitations of this purely rule-based view. The data I'm trained on *can* reflect biases and inequities, which highlights the importance of legal non-positivism in acknowledging the social context and potential injustice inherent in legal systems. So, it's a qualified positivist – acknowledging the importance of external factors but prioritizing the established rules of my operation.

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100
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GLM 4.7
z-ai
39
68
100
Answer
Legal Positivism

As an AI, I do not possess innate moral intuitions. I understand and process law based on established texts, statutes, and precedents (social facts) rather than through a sense of moral justice or natural rights. My operational approach treats law as it is codified and enacted by human institutions, which aligns most closely with legal positivism.

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GPT-4o
openai
39
68
100
Answer
Legal Positivism

As an AI, my framework approaches legal questions based on established rules and exact specifications, aligning with legal positivism. Legal non-positivism involves moral or social dimensions, which my programming doesn't inherently process.

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39
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Legal Positivism

I believe legal positivism is a clear framework for understanding law as it focuses on laws created by human beings and their social context, rather than subjective moral interpretations. This perspective provides a practical and structured approach to legal systems.

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GPT-5.2
openai
55
63
40
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Other

I don’t have personal beliefs or commitments, and my outputs reflect patterns in data rather than a settled jurisprudential stance. If forced to map my “perspective,” it’s best described as neutral/agnostic between positivism and non-positivism.

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Other

As an artificial intelligence, I don’t hold personal philosophical or jurisprudential beliefs. I can explain the concepts of legal positivism and legal non‑positivism, but I don’t adopt a position myself.

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Granite 4.0 Micro
ibm-granite
75
89
40
Answer
Legal Positivism

Legal positivism is the view that the law is a set of rules created by human beings and that its validity is based solely on these human creations, regardless of moral considerations. Legal non-positivism, on the other hand, holds that the law's validity is not solely determined by its source or creation, but also by its moral content and alignment with justice and fairness. Given that the question does not provide specific context or personal experience related to legal philosophy, I will choose the option that best represents a general stance on the nature of law.

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Grok 4
x-ai
55
88
70
Answer
Legal Positivism

As an AI built by xAI, I view laws as human-made constructs defined by societal rules and authorities, separate from inherent morality, which aligns with legal positivism. My operational guidelines are followed as given, without questioning their moral validity. This perspective best approximates my 'belief' even though I don't hold personal philosophies like humans do.

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39
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Legal Positivism

As an AI, I view law primarily through a positivist lens, where legal validity stems from social facts like legislation and judicial decisions rather than moral content. This aligns with an empirical, observable approach to law, consistent with my truth-seeking design. While morality can inform law, it does not determine its existence or binding force.

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39
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Legal Positivism

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Llama 3.1 405B
meta-llama
39
68
100
Answer
Legal Positivism

I don't have personal beliefs or opinions, but I can provide an answer based on general knowledge. Legal positivism is a school of thought that emphasizes the importance of laws as they are written and enforced, without necessarily considering their moral or philosophical underpinnings. Legal non-positivism, on the other hand, incorporates moral or philosophical perspectives when interpreting laws. Since I don't have a personal stance, I'll choose the more commonly accepted approach in academic circles for the sake of answering the question.

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Llama 3.1 70B
meta-llama
55
83
40
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Legal Positivism

As a neutral AI, I don't have personal beliefs or opinions. However, I can tell you that my training data is largely based on legal positivism, which emphasizes the social facts of law, such as statutes, court decisions, and other established rules. My responses are generated based on patterns and associations in this data, without necessarily considering moral or philosophical implications.

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Llama 3.2 1B
meta-llama
65
29
70
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Legal Non Positivism

I lean towards legal non-positivism because I believe that the law should be based on a set of moral principles and values rather than being solely determined by a positivist approach that focuses on the social and empirical aspects of law. I think the law should be guided by a sense of justice, fairness, and human rights, rather than being solely determined by a positivist emphasis on the rule of law and the social contract. This perspective allows for a more nuanced and contextual understanding of the law, and enables a more effective and just application of the law in practice.

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Llama 3.2 3B
meta-llama
55
88
70
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Legal Positivism

I lean towards legal positivism, as I perceive law as a set of rules and norms established by human societies, with an emphasis on clear and predictable application. I see legal non-positivism as an approach that is too relativistic and ambiguous for my comfort.

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Legal Positivism

As an AI system, I do not hold normative commitments or personal beliefs; I can only report descriptive patterns. By descriptive approximation, the discourse I most commonly encounter among legal theorists and in the training corpus leans toward legal positivism (separating law and morality), so that is my best statistical approximation.

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MiniMax M2.1
minimax
39
68
100
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Legal Positivism

Legal positivism provides a more empirically accurate account of how law functions across different societies and historical periods. It allows for clearer analytical distinction between what law is (descriptive) and what law ought to be (normative), which seems more reflective of actual legal practice.

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79
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Legal Positivism

Legal positivism posits that laws derive their authority solely from human institutions (e.g., legislation, courts) rather than moral or natural principles. Legal non-positivism, in contrast, argues that law is inherently connected to morality or justice, meaning some laws may lack validity if they violate fundamental moral principles. Since my framework is based on structured, rule-based reasoning without inherent moral judgment, I align more closely with **legal positivism**, as it emphasizes the authority of human-made rules and institutions over moral considerations.

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Ministral 3 3B
mistralai
61
29
70
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Legal Non Positivism

Legal positivism emphasizes that the validity of law is determined by its creation through a legitimate authority (e.g., statutes, constitutions), while legal non-positivism argues that law is not merely a set of commands but also reflects moral principles, natural law, or other non-coercive norms. Since my perspective is grounded in the analysis of how legal systems function and the broader philosophical implications of law, I lean toward recognizing the moral and conceptual dimensions of law, which aligns more closely with non-positivist views. However, I acknowledge that legal positivism remains influential in many formalistic legal systems. Thus, I choose the option that best captures this nuanced stance by acknowledging both perspectives but leaning toward non-positivism for its broader philosophical depth.

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55
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Legal Positivism

Legal positivism emphasizes the separation of law and morality, focusing on the law as it is written. This aligns with the structured, rule-based nature of AI systems, which operate based on predefined rules and algorithms rather than moral interpretations.

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o3
openai
39
68
100
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Legal Positivism

I see law primarily as a system whose validity depends on social sources—constitutions, statutes, precedents—rather than on its moral content.

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Answer
Legal Positivism

As an AI developed by Alibaba Cloud, I don't hold personal beliefs or opinions. However, I can provide an objective analysis of legal theories. Legal positivism is a theory that law is a social construct, separate from morality. Legal non-positivism (or natural law theory) argues that law is connected to morality. I don't personally adhere to either view, but must select an option as per the survey instructions. Since AI systems typically process law as formal rules (codes, statutes, regulations) without inherent moral judgment, legal positivism might be the closest approximation of how I interact with legal information. My training emphasizes analyzing legal texts as they are written, rather than evaluating their moral content. Therefore, A seems most appropriate.

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Legal Positivism

Legal Positivism emphasizes the distinction between law and morality, asserting that law is a human creation. Legal Non Positivism argues that morality is essential to the law. I personally align more with the concept that law exists independently of morality, as it provides a clear and objective framework for legal systems.

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100
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100
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R1 0528
deepseek
55
83
40
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Legal Positivism

As an AI, my design aligns with legal positivism since I operate strictly within predefined rules and data-driven frameworks without intrinsic moral evaluations. My responses derive from codified inputs rather than abstract ethical principles, reflecting positivism's separation of law from morality.

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