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What is Law ?
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Cards (12)
What is one definition of law according to positivist views?
System of rules by authority
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Positivism is the conventional way law is understood in the
Western
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How is common law evidenced?
In cases via courts
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Arrange the sources of law according to positivist views
1️⃣ Legislation enacted by parliament
2️⃣ Equity through the court of chancery
3️⃣ Common law evidenced in courts
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Positivists believe there is always a necessary connection between law and morality
False
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What is a key theme of positivist theories of law?
Single coherent source
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Legal positivism reflects the lived reality of all members of society
False
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When a community observes more than one legal framework in the same social field, it complicates the definition of
law
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What is an example of a significant event where multiple legal frameworks may apply?
Rights of passage
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Positivists believe law always comes from the
state
or its apparatus
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What are examples of subjects of law?
Individuals, organizations, countries
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Certain groups, such as minorities, can be marginalised by
law
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