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Question

Who may be regarded as the leading contemporary representative of British Positivism ?

The correct answer is
Hart

British Positivism: Identifying the Leading Representative

The question asks to identify the primary contemporary figure associated with British Positivism.

British legal positivism, particularly in its modern form, significantly evolved through the work of influential legal philosophers.

Hart's Contribution to Legal Positivism

H.L.A. Hart is widely regarded as the most significant figure in 20th-century British legal positivism. His seminal work, The Concept of Law (1961), revitalized and redefined legal positivism for a contemporary audience.

  • Hart distinguished between primary rules (rules of conduct) and secondary rules (rules about rules, including rules of recognition, change, and adjudication).
  • He argued that a legal system is a union of these primary and secondary rules.
  • His theory focused on law as it is, separating law and morality, a core tenet of positivism.

While other philosophers contributed to legal philosophy, Hart's systematic analysis and defence of positivism established him as the leading contemporary representative of this school of thought in Britain.

Conclusion on British Positivism

Based on his extensive influence and foundational work in defining modern legal positivism, Hart is considered the leading contemporary representative.

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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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