Legal Positivism

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  • Created by: Launston
  • Created on: 12-05-14 16:47
What is the Separability Thesis?
The law is as serviceable for evil as it is for good
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Who claims that 'Law is a command of the Sovereign and may be evil'?
Austin
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Who said that the validity of Law comes from a chain of unbroken norms?
Kelsen
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According to Hart, what are legal standards determined by?
Conformity to conventionally accepted criteria of legal validity
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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
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What was Beyleveld and Brownsword's reply to Hart's theory?
Officials must consider their standards to be moral
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According to Hart, what should judges consider as 'reason in itself to obey laws'?
The fact that Parliament enacted the provision
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Inclusive Positivism disagrees that legal reasoning is purely...?
Factual
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What do Inclusive Positivists say about the rule of recognition?
There are no boundaries on it
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Why is Inclusive Positivism not a threat to the separability thesis?
It does not say a link between law and morality is impossible, just unnecessary.
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Who says that 'the identification of law in every system necessarily involves moral judgements'?
Dworkin
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According to Dworkin, what is controversial?
Having a moral criteria of legal validity
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According to Hart, what is 'desirable' in order to achieve 'correct judgments'?
Flexibility
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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
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Who is the main proponent of Exclusive Positivism?
Raz
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According to Raz, what is inconsistent with the nature of law?
Moral tests
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Raz distinguishes between...?
First order and Second order reasons
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According to Raz, authority is justified if...?
We are likely to comply with reasons that apply to us if we obey authority
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What is the service conception of authority?
Authority provides a service by giving us reasons to act
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How do Exclusive Positivists believe that Law can be shown to possess legitimate authority?
By being presented as the law-makers view of how to behave
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According to Exclusive Positivists, if the '...' of a rule must be examined, it cannot function as '...'?
Merits, Authority
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Other cards in this set

Card 2

Front

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

Back

Austin

Card 3

Front

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

Back

Preview of the front of card 3

Card 4

Front

According to Hart, what are legal standards determined by?

Back

Preview of the front of card 4

Card 5

Front

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

Back

Preview of the front of card 5
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