Which jurist treated custom, before its adoption as law by political authority, as positive morality rather than positive law?
Question and options
Which jurist treated custom, before its adoption as law by political authority, as positive morality rather than positive law?
Austin
Kant
Keeton
Savigny
Answer and explanation
Correct answer: A - Austin
Austin distinguished a customary rule by itself from a custom adopted as positive law. Under his command theory, judicial adoption can be understood as sanctioned by the sovereign's acquiescence.
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