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. Which is the least accurate description of legal positivism?

It regards morals and law as inseparable. correct incorrect

It perceives law as commands. correct incorrect

It regards a legal order as a closed logical system. correct incorrect

It espouses the view that there is no necessary connection between morality and law. correct incorrect

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. Hart writes: '[T]he certification of something as legally valid is not conclusive of the question of obedience ... however great the aura of majesty or authority which the official system may have, its demands must in the end be submitted to a moral scrutiny.' What does this say about the nature of legal positivism?

That legal positivism is unconcerned about the morality of the law. correct incorrect

That validly enacted law should always be obeyed. correct incorrect

That moral issues fall outside the official legal system. correct incorrect

That there is no moral duty to obey an unjust law. correct incorrect

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. Which proposition below can be characterized as the most powerful refutation of Bentham's argument in support of codification?

The law is too complex to be codified. correct incorrect

Codification ossifies the law. correct incorrect

Bentham fails to take account of the criminal law. correct incorrect

Significant portions of the law are already codified. correct incorrect

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. Austin has been described as a 'naive empiricist.' Why?

Because he neglects the importance of morality. correct incorrect

Because his account of law is based on an anachronistic model of a legal system. correct incorrect

Because he conceives of laws in a pragmatic rather than a conceptual manner. correct incorrect

Because he overlooks the role of law in economic relations. correct incorrect

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. Which statement below is the least likely to follow logically from Austin's argument that a sanction consists of the smallest chance of incurring the smallest evil?

All commands include some sanction. correct incorrect

The concept of a command contains the likelihood that a sanction will follow failure to obey the command. correct incorrect

Without a sanction the mere expression of a wish is not a command. correct incorrect

A command confers power to change one's legal status. correct incorrect

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. Why is Bentham's account of sovereignty generally considered to be more sophisticated - and more acceptable - than Austin's?

Because Bentham's Utilitarianism redeems his account of sovereignty. correct incorrect

Because Austin overlooks the significance of morality. correct incorrect

Because Bentham recognizes the possibility of limiting the sovereign's power. correct incorrect

Because Austin incorporates power-conferring rules into his concept of the sovereign's commands. correct incorrect