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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 is an inference of legal positivism?a)That the only legal authorities that courts should recognize are the commands of the sovereign, because only the sovereign is entrusted with the power to enforce its commands with military and police force.b)To the care of the sovereign belongs the making of good laws.c)All independent political societies, by their nature, have a sovereign.d)All the above.Correct answer is option 'D'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared
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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 is an inference of legal positivism?a)That the only legal authorities that courts should recognize are the commands of the sovereign, because only the sovereign is entrusted with the power to enforce its commands with military and police force.b)To the care of the sovereign belongs the making of good laws.c)All independent political societies, by their nature, have a sovereign.d)All the above.Correct answer is option 'D'. 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 is an inference of legal positivism?a)That the only legal authorities that courts should recognize are the commands of the sovereign, because only the sovereign is entrusted with the power to enforce its commands with military and police force.b)To the care of the sovereign belongs the making of good laws.c)All independent political societies, by their nature, have a sovereign.d)All the above.Correct answer is option 'D'. 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 is an inference of legal positivism?a)That the only legal authorities that courts should recognize are the commands of the sovereign, because only the sovereign is entrusted with the power to enforce its commands with military and police force.b)To the care of the sovereign belongs the making of good laws.c)All independent political societies, by their nature, have a sovereign.d)All the above.Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT.
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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 is an inference of legal positivism?a)That the only legal authorities that courts should recognize are the commands of the sovereign, because only the sovereign is entrusted with the power to enforce its commands with military and police force.b)To the care of the sovereign belongs the making of good laws.c)All independent political societies, by their nature, have a sovereign.d)All the above.Correct answer is option 'D'. 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 is an inference of legal positivism?a)That the only legal authorities that courts should recognize are the commands of the sovereign, because only the sovereign is entrusted with the power to enforce its commands with military and police force.b)To the care of the sovereign belongs the making of good laws.c)All independent political societies, by their nature, have a sovereign.d)All the above.Correct answer is option 'D'. 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 is an inference of legal positivism?a)That the only legal authorities that courts should recognize are the commands of the sovereign, because only the sovereign is entrusted with the power to enforce its commands with military and police force.b)To the care of the sovereign belongs the making of good laws.c)All independent political societies, by their nature, have a sovereign.d)All the above.Correct answer is option 'D'. 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 is an inference of legal positivism?a)That the only legal authorities that courts should recognize are the commands of the sovereign, because only the sovereign is entrusted with the power to enforce its commands with military and police force.b)To the care of the sovereign belongs the making of good laws.c)All independent political societies, by their nature, have a sovereign.d)All the above.Correct answer is option 'D'. 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 is an inference of legal positivism?a)That the only legal authorities that courts should recognize are the commands of the sovereign, because only the sovereign is entrusted with the power to enforce its commands with military and police force.b)To the care of the sovereign belongs the making of good laws.c)All independent political societies, by their nature, have a sovereign.d)All the above.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.