Positivism: Analyzing Legal Statements
This question requires identifying statements characteristic of legal positivism. Let's analyze each statement:
- Statement (a): Laws are command
This aligns with legal positivism, specifically John Austin's command theory, which defines law as a sovereign's command backed by sanctions.
- Statement (b): Analysis of legal concept is distinct from Sociological and Historical analysis
Legal positivism emphasizes the analytical study of legal concepts, separating it from sociological or historical contexts. This focus on conceptual clarity is a key positivist trait.
- Statement (c): Decisions can be deduced logically with recourse to morality
This statement is contrary to legal positivism. Positivism advocates for separating law from morality, whereas this suggests morality is integral to legal decision-making, typical of natural law theory.
- Statement (d): The 'Law as it is' has to be kept separate from 'Law ought to be'
This is the core 'Separation Thesis' of legal positivism. It asserts that the existence and validity of law are distinct from its moral merits or demerits.
Conclusion on Positivism Statements
Based on the analysis, statements (a), (b), and (d) accurately reflect key principles of legal positivism. Statement (c) is inconsistent with positivist doctrine.
Therefore, the correct option includes statements (a), (b), and (d) only.