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Eduncle posted an MCQ
October 18, 2019 • 16:00 pm 0 points
  • UGC NET
  • Law

According to Professor Hart the meaning of the term ?Positivism? includes :

According to Professor Hart the meaning of the term ?Positivism? includes : (a) Laws are commands. (b) The analysis of legal concepts is distinct from sociological and historical inquiries. (c) Moral judgments cannot be established or defended by rational argument, evidence or proof. (d) The law as it is actually laid down, has to be kept separate from the law that ought to be. Codes :

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    Eduncle Best Answer

    The term “positivism” has many meanings which were tabulated by Prof. Hart as follows:
    (i) Laws are commands. This meaning is associated with two founders of British positivism, Bentham and his disciple Austin.
    (ii) The analysis of legal concepts is :
    (a) Worth pursuing
    (b) Distinct from sociological and historical inquiries.
    (c) Distinct from critical evaluation
    (iii) Decisions can be deduced logically from pre-determined rules without recourse to social aims policy or morality.
    (iv) Moral judgments cannot be established or defended by rational arguments, evidence or proof.
    (v) The law as it is actually laid down “positum” has to be kept separate from the law as it ought to be.

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