Legal Positivism

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

1. Why is Inclusive Positivism not a threat to the separability thesis?

  • It says that law and morality are necessarily linked
  • It does not say a link between law and morality is impossible, just unnecessary.
  • It says that law and morality can never be separate
  • It says that it is desirable for there to be separation between law and morality
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2. According to Hart, what should judges consider as 'reason in itself to obey laws'?

  • They help maintain the structure of society
  • The fact that a law is moral
  • The fact that Parliament enacted the provision
  • They are standards of conduct

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

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

4. Inclusive Positivism disagrees that legal reasoning is purely...?

  • Deductive
  • Moral
  • Factual
  • Inductive

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

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

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