Question

What is legal positivism?

a) The belief that only laws which benefit the whole population are legitimate.

b) The idea that the law is what the state says it is.

c) The claim that laws cannot embody moral principles.

d) The idea that lawyers should be in charge of government.

Answer 1

[Answer is option C ]this school of thought try to keep morals at Bay and And believe that correct decisions can be deduced from predetermined legal rules without reference to social considerations or morals.

The main thoughts (features) of legal positivism are:

• laws are commands of human beings;
• there is no necessary connection between law and morality, that is, between law as it is and as it ought to be(this one clearly points towards option. C )
• study of the meaning of legal concepts is worthwhile and is to be * distinguished * from history or sociology of law, as well as from criticism or appraisal of law, for example with regard to its moral value or to its social aims or functions(points option C)

• moral judgments, unlike statements of fact, cannot be established or defended by rational argument, evidence, or proof(again points at options C)