Which statement best reflects the positivist approach to the validity of law?
Correct answer: B. A law is valid when recognised through social or institutional facts
- A. A law is valid only when it produces equal results
- B. A law is valid when recognised through social or institutional facts
- C. A law is valid only when it follows religious principles
- D. A law is valid only when judges consider it morally sound
Explanation
Legal positivism separates the existence or validity of law from its moral merit. A rule may therefore be legally valid even if it is considered unjust, provided it satisfies the relevant social sources of law.
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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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