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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?

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

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

Surrender their right to self-government to a powerful single authority (B) 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?

Because moralists seek to derive an 'ought' from an 'is' (D) 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?

Legal positivism (A) Signup and view all the answers

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

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

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

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

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

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

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

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

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

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