5. Theories (2. Positiviists)

Question 1

On the other side of the debate, the Positivists _____ the natural law theory. They argue that legal rules of established ______ must be _____ and are distinct from _____ _____. ______ saw natural law as ‘______ __ _____’ based on ______ ____. Validity isn’t about whether the law is ____ or ___ but whether it had been _____ passed. _____ argues law is valid ______ __ _____ _____. Law is the ______ of a ______ enforced by a ______.

Answer 1

Reject
Lawfully
Obeyed
Natural rights 
Bentham
'Nonsense on stilts'
Unprovable principles 
Good or Bad
Rightly 
Austin
Irrespective of moral context 
Command 
Sovereign 
Sanction

Question 2

What two things do Positivists argue about legal rules?

Answer 2

• If established lawfully must be obeyed.

* Are distinct from natural rights

Question 3

What was Benthams two views?

Answer 3

• Saw natural law as “nonsense on stilts” based on unprovable principles.
• Thought validity isn’t about whether a law is good or bad but whether it has been rightly passed.

Question 4

What was Austin’s two arguments?

Answer 4

• Law is valid irrespective of moral content

* Law is the command of a sovereign enforced by a sovereign