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Get Answers to all your Questions
Q2) Fact: Legal Positivism is a school of thought in law that holds that moral and natural rules are not the same thing as laws produced by humans. This idea holds that a law's legitimacy derives not from its moral content but rather from the method by which it was created. In a lecture, Ms. Rekha, a law professor, makes the case that a recently passed law is legitimate only because it was approved by the appropriate legislative body, regardless of the moral arguments against it.
Question:
What would be the main justification for believing the recently passed law to be valid in light of Ms. Rekha's defence and the legal positivist tenets?
A) The law is consistent with widely held moral principles.
B) The law was passed after proper process by the legitimate authority.
C) The law is backed by the majority of the populace.
D) The legislation has been used unofficially for a long time.
Answers (1)
Legal Positivism emphasises that a law's legality is determined by how it was made, not by what it says morally. According to this school of thought, Ms. Rekha's argument emphasises that the key justification for the law's validity is that it was legitimately passed by the right legislative body.hence option B is correct option .
