Which of the following are among the different meanings of positivism distinguished by Professor Hart?…
All four statements are among the different meanings of positivism distinguished by Hart. His catalogue includes command theory, distinct analytical inquiry, ethical…
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Which of the following are among the different meanings of positivism distinguished by Professor Hart?
i. Laws are commands.
ii. The analysis of legal concepts is distinct from sociological and historical inquiries.
iii. Moral judgements cannot be established or defended by rational argument, evidence or proof.
iv. The law ‘as it is’ actually laid down, has to be kept separate from the law that ought to be.
Answer and explanation
Correct answer D
All four statements are among the different meanings of positivism distinguished by Hart. His catalogue includes command theory, distinct analytical inquiry, ethical non-cognitivism, and separation of existing law from its moral evaluation; distinguishing these meanings does not mean personally endorsing them all.
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