Legal Positivism

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

1. What was Beyleveld and Brownsword's reply to Hart's theory?

  • If the merits of a rule must be examined, it cannot function as authority
  • Only representatives should make law
  • Officials must consider their standards to be moral
  • His theory is not a threat to the separability thesis
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2. According to Hart, what are legal standards determined by?

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

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

  • Austin
  • Dworkin
  • Raz
  • Hart

4. Who is the main proponent of Exclusive Positivism?

  • Raz
  • Kelsen
  • Dworkin
  • Hart

5. What is the Separability Thesis?

  • All criteria of legal validity must be source based
  • The law is as serviceable for evil as it is for good
  • There are no boundaries on the rule of recognition
  • Law must be capable of possessing legitimate authority

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