Which of the following legal theories is diametrically opposed to ‘the positivist theory’ of law?
Question and options
Which of the following legal theories is diametrically opposed to ‘the positivist theory’ of law?
- Law as practice of court
- Natural law theory
- Law as a system of rules
- Pure theory of law
Answer and explanation
Correct answer: B - Natural law theory
Positivism separates law as it is from law as it ought to be; natural law theory makes morality/reason the test of law, diametrically opposed. Pure theory (Kelsen) and law as rules (Hart) are positivist.
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