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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?

  1. Austin

  2. Kant

  3. Keeton

  4. 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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