2_Nature of Law

What is the main distinction between Legal Positivism and Legal Idealism?

• Legal Positivism argues that law and morality are conceptually connected, while Legal Idealism denies this.

• Legal Idealism asserts that law and morality are necessarily connected, whereas Legal Positivism maintains that law is separate from morality.

• Legal Positivism believes that law is entirely based on religious principles, while Legal Idealism focuses on social facts.

• Both Legal Positivism and Legal Idealism reject the role of morality in law.

According to John Austin's Command Theory of Law, what are the two key components of law?

• Authority and legitimacy

• Command and obedience

• Sovereignty and democracy

• Rights and duties

H.L.A. Hart distinguishes between primary and secondary rules in law. What is the main function of secondary rules?

• They impose obligations on individuals.

• They define the moral validity of laws.

• They provide the mechanisms for changing, recognizing, and adjudicating laws.

• They establish the supremacy of natural law.

Which of the following is NOT one of Lon L. Fuller's eight principles of legality?

• Rules must be expressed in general terms.

• Rules must not change frequently.

• Rules must require conduct beyond the powers of the affected parties.

• Rules must be publicly promulgated.

According to John Finnis' Neo-Naturalism, what is the primary justification for a ruler's authority?

• The ruler has the ability to enforce laws with strict punishments.

• The ruler's legitimacy comes from divine authority.

• The ruler has the opportunity and responsibility to further the common good.

• The ruler has inherited authority through historical succession.