Legal positivism relies on moral considerations to define the existence and content of law. A) True B) False
Understand the Problem
The question is asking whether legal positivism incorporates moral considerations in defining the existence and content of law, requiring an understanding of legal theory.
Answer
False
Legal positivism does not rely on moral considerations to define the existence and content of law.
Answer for screen readers
Legal positivism does not rely on moral considerations to define the existence and content of law.
More Information
Legal positivism strictly posits that the existence and content of law depend solely on social facts and established processes, rather than its moral implications or values.
Tips
A common mistake is to assume that legal systems inherently incorporate moral judgments, which contrasts with the core tenet of legal positivism.
Sources
- Legal Positivism - Stanford Encyclopedia of Philosophy - plato.stanford.edu
- Legal Positivism - Internet Encyclopedia of Philosophy - iep.utm.edu
- Wikipedia - Legal Positivism - en.wikipedia.org
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