Legal Positivism

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

1. According to Dworkin, what is controversial?

  • Judges using their own judgements instead of legal rules to decide cases
  • Having a moral criteria of legal validity
  • The way in which laws are made
  • The claim that laws do not have to be moral
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2. Who is the main proponent of Exclusive Positivism?

  • Kelsen
  • Raz
  • Hart
  • Dworkin

3. 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

4. Why is Hart's theory superior to Austin's 'brute force' theory?

  • It provides a greater deal of evidence as support for the brute force theory
  • It explains the relevance of brute force when enforcing laws
  • It explains laws way of making conduct non-optional by contrast with brute force
  • It challenges how brute force can effectively enforce standards of conduct

5. Raz distinguishes between...?

  • First order and Second order reasons
  • Substantive and Procedural law
  • Formal and Informal reasons
  • Focal and Secondary meanings of law

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