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
  • The claim that laws do not have to be moral
  • Having a moral criteria of legal validity
  • The way in which laws are made
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Other questions in this quiz

2. According to Raz, authority is justified if...?

  • We are likely to comply with reasons that apply to us if we obey authority
  • Laws are made by the sovereign and not judges
  • The merits of a rule are examined and found to be moral
  • Laws are prospective and not retrospective

3. What do Inclusive Positivists say about the rule of recognition?

  • It changes with time
  • There are no boundaries on it
  • It must be moral
  • It cannot always be moral

4. Who said that the validity of Law comes from a chain of unbroken norms?

  • Hart
  • Raz
  • Kelsen
  • Austin

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

  • By having no boundaries on the rule of recognition
  • By only being made by democratically elected people
  • By being presented as the law-makers view of how to behave
  • By adhering to moral criterias of validity


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