Legal positivism Flashcards
1
Q
What do legal positivists believe?
A
laws are valid when they are made by an authorised sovereign legislator
2
Q
For legal positivism, laws do not have to satisfy what?
A
any higher moral authority
3
Q
Who is Jeremy Bentham?
A
- utilitarian
- classical legal positivist
4
Q
What did Jeremy Bentham argue?
A
Immorality is irrelevant to the law
5
Q
Who was John Austin?
A
Classical legal positivist
6
Q
What did John Austin argue?
A
Laws are commands and the sovereign is the one obeyed by a majority
7
Q
Who was HLA Hart?
A
Modern legal positivist
8
Q
What did HLA Hart believe?
A
- law and morality are separate
- there are 2 categories of rules: primary and secondary
9
Q
What is a primary rule?
A
either impose legal obligations or grant powers
10
Q
What is a secondary rule?
A
concerned with the operation of primary rules
11
Q
either impose legal obligations or grant powers
A
Primary rule
12
Q
concerned with the operation of primary rules
A
secondary rule
