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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 of the following is not a theory of legal personality?
  2. Match the LIST-I with LIST-II
    LIST-I ProfounderLIST-II Idea
    A. MimansaI. Law and Morals are same
    B. SmritiII. "Idea of Values" is the foundation
    C. Post Reformation EuropeIII. Law derives authority from State and not morals
    D. KorknovIV. There is distinction between obligatory and recommendatory rules

    Choose the correct answer from the options given below:
  3. Which of the following are correct about "legal theory"?
    A. It defines Law
    B. It analyses legal concepts
    C. It deals with mere theory and has no practical importance
    D. It highlights salient features of legal system
    Choose the correct answer from the options given below.
  4. "True subject matter of ownership in all cases is a right". Who gave this statement?
  5. Arrange the following in the historical order of development of Natural Law theories (ascending)
    A. Union with Divine is end of law
    B. Church is the law giver
    C. Development of idea of Rationalism
    D. Revival of Natural Law
    Choose the correct answer from the options given below:
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