What does the positivist separation thesis generally maintain?
Correct answer: A. Legal validity and moral merit are conceptually distinct
- A. Legal validity and moral merit are conceptually distinct
- B. Every valid law must satisfy a universal moral standard
- C. Judges must always decide cases according to morality
- D. Custom has greater authority than enacted legislation
Explanation
The separation thesis holds that whether a rule is legally valid is a different question from whether it is morally good. Positivism does not require approval of an unjust rule merely because it recognises its legal validity.
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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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