12 Questions
According to legal positivism, how do legal positivists view the relationship between law and moral judgment?
They believe law should be analyzed separate from moral judgment.
What is the core idea behind Jeremy Bentham's 'greatest happiness principle'?
The morality of an action is determined by its contribution to overall happiness.
How does legal positivism differ from natural law theory?
Legal positivism emphasizes the separation of law and morality, while natural law theory sees them as intertwined.
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.
What does Hobbes suggest individuals should do to escape the 'state of nature'?
Surrender their right to self-government to a powerful single authority
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'
What concept emerges when the ultimate source of law comes from a sovereign whose decisions need not be grounded in morality?
Legal positivism
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
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.
How does Bentham view moral progress in relation to unjust laws?
By rejecting unjust laws and refusing to obey them.
What does H.L.A. Hart's work, The Concept of Law, primarily focus on?
Application of linguistic philosophy to law.
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.
Test your knowledge on legal positivism theory, which argues that the validity of law can be traced to an objectively verifiable source. Understand the concept of assuming the perspective of those who believe valid rules create moral obligations in legal theory.
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