Legal Positivism Theory Quiz

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Questions and Answers

According to legal positivism, how do legal positivists view the relationship between law and moral judgment?

  • They consider moral judgment as the sole basis of law.
  • They believe legal analysis is incomplete without moral judgment.
  • They argue that law cannot exist without moral judgment.
  • They believe law should be analyzed separate from moral judgment. (correct)

What is the core idea behind Jeremy Bentham's 'greatest happiness principle'?

  • Utility is insignificant when determining the rightness of actions.
  • The morality of an action is determined by its contribution to overall happiness. (correct)
  • Actions should prioritize the happiness of a select few individuals.
  • Utility should be disregarded in moral decision-making.

How does legal positivism differ from natural law theory?

  • Both theories agree on the objective sources of law, but differ in their approach to morality.
  • Legal positivism and natural law theory have no fundamental differences in their perspectives on law and morality.
  • Natural law theory focuses on objectively verifiable sources of law, while legal positivism looks at moral considerations.
  • Legal positivism emphasizes the separation of law and morality, while natural law theory sees them as intertwined. (correct)

What is the central concept of utilitarianism as described in the text?

<p>The moral value of actions is determined by their contribution to overall utility. (B)</p> Signup and view all the answers

What does Hobbes suggest individuals should do to escape the 'state of nature'?

<p>Surrender their right to self-government to a powerful single authority (B)</p> Signup and view all the answers

According to David Hume, why can facts about the world or human nature not determine what ought to be done?

<p>Because moralists seek to derive an 'ought' from an 'is' (D)</p> Signup and view all the answers

What concept emerges when the ultimate source of law comes from a sovereign whose decisions need not be grounded in morality?

<p>Legal positivism (A)</p> Signup and view all the answers

What was the significance of Lon L. Fuller's debate with H.L.A. Hart?

<p>It focused on the importance of moral obligation in law (C)</p> Signup and view all the answers

What does Austin think about the validity of a rule contrary to natural law or morality?

<p>It depends on the situation and may be disobeyed. (C)</p> Signup and view all the answers

How does Bentham view moral progress in relation to unjust laws?

<p>By rejecting unjust laws and refusing to obey them. (C)</p> Signup and view all the answers

What does H.L.A. Hart's work, The Concept of Law, primarily focus on?

<p>Application of linguistic philosophy to law. (D)</p> Signup and view all the answers

In the context of law as command, what is a critical requirement following failure to obey a command?

<p>There must always be a sanction that follows disobedience. (A)</p> Signup and view all the answers

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