Who criticised the positivist theory as "gunman law" in his work "Law and the Moral Law"?
Question and options
Who criticised the positivist theory as "gunman law" in his work "Law and the Moral Law"?
- Prof. Goodhart
- Hohfeld
- Jethro Brown
- Lilly
Answer and explanation
Correct answer: A - Prof. Goodhart
A.L. Goodhart, in English Law and the Moral Law, criticised the positivist (Austinian) command theory as a 'gunman' theory, since a bare command backed by force cannot be told apart from the orders of a gunman. He argued that law is obeyed because it is recognised as binding, not merely because of the sanction. Hohfeld is known for his analysis of jural relations, not for this criticism.
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