Under the umbrella of analytical view of Austin which of the following statements is not true ?
Austin regarded a custom as positive morality until the state adopted and enforced it as law. Adoption can occur through courts acting with the sovereign's authority, so an…
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Under the umbrella of analytical view of Austin which of the following statements is not true ?
Answer and explanation
Correct answer D
Austin regarded a custom as positive morality until the state adopted and enforced it as law. Adoption can occur through courts acting with the sovereign's authority, so an express legislative declaration is not essential. The claim that custom is positive law even without such sovereign adoption conflicts with his analytical theory; the sovereign also retains power to abolish the custom.
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