According to John Austin, what makes a rule a law?
Correct answer: B. Its recognition by the sovereign authority
- A. Its conformity with religious morality
- B. Its recognition by the sovereign authority
- C. Its historical acceptance by society
- D. Its usefulness in settling social disputes
Explanation
Austin defines positive law as the command of a determinate sovereign backed by sanctions. Historical acceptance and social usefulness are emphasized by other schools, while morality is not a necessary condition in Austin's theory.
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About Jurisprudence
Jurisprudence examines the nature, purpose and sources of law through the ideas of justice, rights, duties, sovereignty, liability and legal personality. It compares natural law, analytical positivism, historical, sociological and realist approaches, and considers how courts interpret legal rules, distinguish law from morality and resolve conflicts between competing principles.
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