Site navigation

Which of the following describes a positivist account of law?

Kelsen's pure theory of law, a leading positivist account, holds that a legal norm is valid because it derives from a higher norm, in a chain that ends in the "grundnorm" or…

Choose your answer

Which of the following describes a positivist account of law?

Select one answer
Answer and explanation

Correct answer A

Kelsen's pure theory of law, a leading positivist account, holds that a legal norm is valid because it derives from a higher norm, in a chain that ends in the "grundnorm" or basic norm, and not because of its moral content. Treating natural and positive law as one, or making validity depend on morality or popular conviction, belongs to natural law or historical thinking, not positivism.

Practice for these exams

Related exam syllabi

Related questions in this topic