Asked by Brycen Cluster on Jul 13, 2024
Verified
Which of the following is correct with respect to the definition of law?
A) Law defined in moral terms is a reflection of legal positivism.
B) Law defined in terms of authority is a reflection of legal realism.
C) Law defined in practical terms as to what the court will do is a reflection of legal positivism.
D) Law defined in terms of morality is a reflection of natural law theory.
E) Law defined in terms of authority is a reflection of natural law theory.
Legal Positivism
A theory of law that holds that laws are rules made by human beings and are not derived from morality or any external source of authority.
Legal Realism
A theory of law that emphasizes the role of judges' personal views and real-world consequences in judicial decision-making.
Natural Law Theory
A philosophical theory asserting that certain rights or values are inherent by virtue of human nature and can be universally understood through human reason.
- Assimilate the explanation and assignments of fundamental legal ideas, encompassing stare decisis and substantive law.
- Explore the relationship between law, morality, and the concept of the higher good.
Verified Answer
SW
Satnam WaheguruJul 20, 2024
Final Answer :
D
Explanation :
Legal positivism and natural law theory are two fundamental theories in the philosophy of law. Natural law theory posits that law is inherently tied to morality and ethical principles, which are universal and can be discovered through human reason. Therefore, the statement that law defined in terms of morality reflects natural law theory (D) is correct.
Learning Objectives
- Assimilate the explanation and assignments of fundamental legal ideas, encompassing stare decisis and substantive law.
- Explore the relationship between law, morality, and the concept of the higher good.