Legal Positivism 0.0 / 5 ? LawLSRUniversityAll boards Created by: LaunstonCreated on: 12-05-14 16:47 What is the Separability Thesis? The law is as serviceable for evil as it is for good 1 of 21 Who claims that 'Law is a command of the Sovereign and may be evil'? Austin 2 of 21 Who said that the validity of Law comes from a chain of unbroken norms? Kelsen 3 of 21 According to Hart, what are legal standards determined by? Conformity to conventionally accepted criteria of legal validity 4 of 21 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 5 of 21 What was Beyleveld and Brownsword's reply to Hart's theory? Officials must consider their standards to be moral 6 of 21 According to Hart, what should judges consider as 'reason in itself to obey laws'? The fact that Parliament enacted the provision 7 of 21 Inclusive Positivism disagrees that legal reasoning is purely...? Factual 8 of 21 What do Inclusive Positivists say about the rule of recognition? There are no boundaries on it 9 of 21 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. 10 of 21 Who says that 'the identification of law in every system necessarily involves moral judgements'? Dworkin 11 of 21 According to Dworkin, what is controversial? Having a moral criteria of legal validity 12 of 21 According to Hart, what is 'desirable' in order to achieve 'correct judgments'? Flexibility 13 of 21 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 14 of 21 Who is the main proponent of Exclusive Positivism? Raz 15 of 21 According to Raz, what is inconsistent with the nature of law? Moral tests 16 of 21 Raz distinguishes between...? First order and Second order reasons 17 of 21 According to Raz, authority is justified if...? We are likely to comply with reasons that apply to us if we obey authority 18 of 21 What is the service conception of authority? Authority provides a service by giving us reasons to act 19 of 21 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 20 of 21 According to Exclusive Positivists, if the '...' of a rule must be examined, it cannot function as '...'? Merits, Authority 21 of 21
Legal and Moral Obligations are entirely different; one can easily have one without the other 4.0 / 5 based on 1 rating
Comments
No comments have yet been made