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Question

Consider the following statements and point out which statements are related to Positivism
(a) Laws are command
(b) Analysis of legal concept is distinct from Sociological and Historical analysis
(c) Decisions can be deducted logically with recourse to morality
(d) The 'Law as it is' has to be kept separate from 'Law ought to be'

Choose the correct option :

The correct answer is
(a), (b) and (d) only

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.

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Important Questions from Jurisprudence

  1. Which one of the following Jurists asserts that 'Law and morality are complementary and supplementary to each other'?
  2. Salmond enumerates five characteristics of legal rights. Four such characteristics are
    (a) Subject of right
    (b) Object of right
    (c) Content of right
    (d) Title of right
    The fifth characteristic is:
  3. Who among the following said that there is in essence, no difference between the legal personality of a company and that of an individual?
  4. Which of the following statements is NOT correct in regard to distinction between Civil and Criminal liability?
  5. Which of the following could be considered to be advantages of Legislation over Precedent?
    (a) Abrogative capability
    (b) Fore knowledge
    (c) Prospective application
    (d) Systematic arrangement

    Choose the correction option:
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