Classical legal positivism

Quiz Content

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. Which is the least accurate description of legal positivism?

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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?

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

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

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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?

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

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