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The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.
Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.
Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.
Q. Which of the following option undermines the argument of critical legal studies?
  • a)
    Moral judgments, unlike statements of fact, cannot be established or defended by rational argument, evidence, or proof.
  • b)
    The fact that a policy would be just, wise, efficient, or prudent is never sufficient reason for thinking that it is actually the law, and the fact that it is unjust, unwise, inefficient or imprudent is never sufficient reason for doubting it.
  • c)
    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.
  • d)
    All the above
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
The idea that law is a reflection of society’s values and also i...
It is clearly mentioned in the first two lines of the second para) that in the positivist view, the source of a law is the establishment of that law by some socially recognized legal authority. The merits of a law are a separate issue: it may be a 'bad law' by some standard, but if it was added to the system by a legitimate authority, it is still a law. Whereas (go through the first two lines of the final para) critical legal studies is to demystify legal analysis and legal culture in order to impose transparency on legal processes . Of all the above three options, the option c thoroughly takes a stand about the concept of legal positivism that is undermining the critical legal theory.
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The idea that law is a reflection of society’s values and also i...
Explanation:

Connection between Law and Morality
- Critical Legal Studies (CLS) argues that law is a tool of oppression wielded by the ruling elite to entrench their values in society.
- This implies a necessary connection between law and morality, where law is used to promote the values of the elite rather than what is morally right.
- However, legal positivism, as seen in option C, argues that there is no necessary connection between law and morality.

Implications of Option C
- Option C states that laws are commands of human beings, indicating that laws are created by humans and are not inherently moral or immoral.
- This contradicts the CLS view that law is used to oppress and entrench certain values in society.
- Therefore, option C undermines the argument of critical legal studies by asserting that law is not necessarily tied to morality, and can be viewed as separate entities.
Therefore, option C weakens the argument put forth by critical legal studies by asserting that law and morality are not intrinsically linked, which goes against the core belief of CLS that law is used to enforce certain values in society.
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The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option undermines the argument of critical legal studies?a)Moral judgments, unlike statements of fact, cannot be established or defended by rational argument, evidence, or proof.b)The fact that a policy would be just, wise, efficient, or prudent is never sufficient reason for thinking that it is actually the law, and the fact that it is unjust, unwise, inefficient or imprudent is never sufficient reason for doubting it.c)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.d)All the aboveCorrect answer is option 'C'. Can you explain this answer?
Question Description
The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option undermines the argument of critical legal studies?a)Moral judgments, unlike statements of fact, cannot be established or defended by rational argument, evidence, or proof.b)The fact that a policy would be just, wise, efficient, or prudent is never sufficient reason for thinking that it is actually the law, and the fact that it is unjust, unwise, inefficient or imprudent is never sufficient reason for doubting it.c)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.d)All the aboveCorrect answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option undermines the argument of critical legal studies?a)Moral judgments, unlike statements of fact, cannot be established or defended by rational argument, evidence, or proof.b)The fact that a policy would be just, wise, efficient, or prudent is never sufficient reason for thinking that it is actually the law, and the fact that it is unjust, unwise, inefficient or imprudent is never sufficient reason for doubting it.c)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.d)All the aboveCorrect answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option undermines the argument of critical legal studies?a)Moral judgments, unlike statements of fact, cannot be established or defended by rational argument, evidence, or proof.b)The fact that a policy would be just, wise, efficient, or prudent is never sufficient reason for thinking that it is actually the law, and the fact that it is unjust, unwise, inefficient or imprudent is never sufficient reason for doubting it.c)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.d)All the aboveCorrect answer is option 'C'. Can you explain this answer?.
Solutions for The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option undermines the argument of critical legal studies?a)Moral judgments, unlike statements of fact, cannot be established or defended by rational argument, evidence, or proof.b)The fact that a policy would be just, wise, efficient, or prudent is never sufficient reason for thinking that it is actually the law, and the fact that it is unjust, unwise, inefficient or imprudent is never sufficient reason for doubting it.c)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.d)All the aboveCorrect answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option undermines the argument of critical legal studies?a)Moral judgments, unlike statements of fact, cannot be established or defended by rational argument, evidence, or proof.b)The fact that a policy would be just, wise, efficient, or prudent is never sufficient reason for thinking that it is actually the law, and the fact that it is unjust, unwise, inefficient or imprudent is never sufficient reason for doubting it.c)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.d)All the aboveCorrect answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option undermines the argument of critical legal studies?a)Moral judgments, unlike statements of fact, cannot be established or defended by rational argument, evidence, or proof.b)The fact that a policy would be just, wise, efficient, or prudent is never sufficient reason for thinking that it is actually the law, and the fact that it is unjust, unwise, inefficient or imprudent is never sufficient reason for doubting it.c)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.d)All the aboveCorrect answer is option 'C'. Can you explain this answer?, a detailed solution for The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option undermines the argument of critical legal studies?a)Moral judgments, unlike statements of fact, cannot be established or defended by rational argument, evidence, or proof.b)The fact that a policy would be just, wise, efficient, or prudent is never sufficient reason for thinking that it is actually the law, and the fact that it is unjust, unwise, inefficient or imprudent is never sufficient reason for doubting it.c)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.d)All the aboveCorrect answer is option 'C'. Can you explain this answer? has been provided alongside types of The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option undermines the argument of critical legal studies?a)Moral judgments, unlike statements of fact, cannot be established or defended by rational argument, evidence, or proof.b)The fact that a policy would be just, wise, efficient, or prudent is never sufficient reason for thinking that it is actually the law, and the fact that it is unjust, unwise, inefficient or imprudent is never sufficient reason for doubting it.c)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.d)All the aboveCorrect answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice The idea that law is a reflection of society’s values and also in turn entrenches them is one of great controversy in the legal community. The legal theories of legal positivism and critical legal studies take particularly opposing analysis and views of the law, as well as how law impacts on society. To illustrate the answer, it can be drawn from the idea of the protection of private property, and the criminalization and subsequent decriminalization of homosexuality.Legal positivism is particularly concerned with the validity of the law, and believes law is valid so long as it is created through societies legitimate avenues of law making. These avenues of law making are legitimate due to constitutional norms, and this chain of authorization ends at the fundamental norm, of following constitutional directions of the state. As such, legal positivists are not concerned with whether law is good or bad, simply whether it is valid. A prominent legal positivist, H.L.A Hart believes positive law comes from a recognition of social norms, called the rule of recognition. This indicates that legal positivism believe that society’s values may be reflected in the law, but passes no judgment on these values or whether law entrenches these values in society.Critical Legal Studies (CLS) on the other hand, believes not only that law entrenches values in society, but that law itself is a tool of oppression wielded by the ruling elite to instil their values into society, in order to maintain their domination over the people. As such, CLS believes that law does reflect society’s values, but these values have been entrenched by the elite for their benefit.Q.Which of the following option undermines the argument of critical legal studies?a)Moral judgments, unlike statements of fact, cannot be established or defended by rational argument, evidence, or proof.b)The fact that a policy would be just, wise, efficient, or prudent is never sufficient reason for thinking that it is actually the law, and the fact that it is unjust, unwise, inefficient or imprudent is never sufficient reason for doubting it.c)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.d)All the aboveCorrect answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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