"The falsehood of legal positivism resides in envisaging that the law consists of only rules. However,…
The critique that positivism wrongly reduces law to rules, and the distinction that rules apply in an all-or-nothing fashion unlike principles, is from "Ronald Dworkin,…
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"The falsehood of legal positivism resides in envisaging that the law consists of only rules. However, this is a serious mistake since legal principles partly determine the law in addition to rules. The distinction between rules and principles is a logical one. Rules apply in an 'all or nothing fashion.' If the rule applies to the circumstances, it determines a particular legal outcome. If it does not apply, it is simply irrelevant to the outcome......" according to:
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Correct answer A
The critique that positivism wrongly reduces law to rules, and the distinction that rules apply in an all-or-nothing fashion unlike principles, is from "Ronald Dworkin, Taking Rights Seriously, 1977."
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