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

  • Factual
  • Deductive
  • Moral
  • Inductive

7. What is the Separability Thesis?

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

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

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

9. Raz distinguishes between...?

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

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

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

11. What is the service conception of authority?

  • Authority provides a service by giving us reasons to act
  • Authority service the moral interests of society
  • Authority uses the Law to service the public good
  • Authority provides a service by enforcing public standards of conduct

12. Who is the main proponent of Exclusive Positivism?

  • Raz
  • Dworkin
  • Hart
  • Kelsen

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

  • Hart
  • Kelsen
  • Austin
  • Raz

14. According to Raz, what is inconsistent with the nature of law?

  • Moral tests
  • Procedurally defective law
  • Judge-made law
  • The separability thesis

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

  • Officials must consider their standards to be moral
  • His theory is not a threat to the separability thesis
  • If the merits of a rule must be examined, it cannot function as authority
  • Only representatives should make law

16. Who claims that 'Law is a command of the Sovereign and may be evil'?

  • Austin
  • Dworkin
  • Kelsen
  • Hart

17. Which view of law do Exclusive Positivists take?

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

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

  • Austin
  • Hart
  • Dworkin
  • Raz

19. According to Dworkin, what is controversial?

  • Having a moral criteria of legal validity
  • Judges using their own judgements instead of legal rules to decide cases
  • The claim that laws do not have to be moral
  • The way in which laws are made

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

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