Legal Positivism

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  • Created by: Launston
  • Created on: 12-05-14 16:47

1. How do Exclusive Positivists believe that Law can be shown to possess legitimate authority?

  • By adhering to moral criterias of validity
  • By being presented as the law-makers view of how to behave
  • By only being made by democratically elected people
  • By having no boundaries on the rule of recognition
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2. Which view of law do Exclusive Positivists take?

  • Moral view
  • Rulebook view
  • Plain-fact view
  • Rights view

3. Hart disputes Dworkin's views on morality being controversial by claiming that...?

  • Moral questions never have a correct answer
  • Morality is a universal view which cannot be disputed
  • Moral tests can provide public standards of conduct and some moral questions are easy
  • People's ideas of what is moral differ in society

4. Who says that 'the identification of law in every system necessarily involves moral judgements'?

  • Raz
  • Austin
  • Dworkin
  • Hart

5. According to Hart, what are legal standards determined by?

  • Historical sources
  • Conformity to conventionally accepted criteria of legal validity
  • A chain of unbroken norms linking back to the grundnorm
  • Reliable public standards of conduct

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