Legal Positivism

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

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

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

2. Which view of law do Exclusive Positivists take?

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

3. According to Hart, what is 'desirable' in order to achieve 'correct judgments'?

  • Legal Rules
  • Flexibility
  • Morality
  • Certainty

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

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

5. What is the Separability Thesis?

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


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