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The idea that law is a reflection of society’s values and also in turn entrenches them is a 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 believes 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 instill 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. The above argument describes which of the following options?
  • a)
    Critical Legal Studies adherents claim that laws are used to maintain the status quo of society's power structures; it is also held that the law is a codified form of society's biases against marginalized groups whereas legal positivism says laws are commands of human beings.
  • b)
    The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.
  • c)
    Both (A) and (B)
  • d)
    Neither (A) nor (B)
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
The idea that law is a reflection of society’s values and also in tur...
The passage distinguishes between Legal Positivism and Critical Legal Studies. The author states that Legal Positivism is only concerned with the validity of the law while the latter is a means to impose the elite's expectations on the lower class. Hence, option (A) is the right answer.
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Most Upvoted Answer
The idea that law is a reflection of society’s values and also in tur...
Explanation:

Critical Legal Studies (CLS) vs Legal Positivism:
- Critical Legal Studies (CLS) believe that law is a tool of oppression used by the ruling elite to maintain their domination over society.
- They argue that law reflects and entrenches the values of the elite, rather than the values of the broader society.
- CLS holds that laws are used to uphold the status quo of power structures and perpetuate biases against marginalized groups.

Legal Positivism:
- Legal Positivism, on the other hand, focuses on the validity of laws based on legitimate avenues of law making.
- According to Legal Positivism, the source of law is recognized social norms, known as the rule of recognition.
- Legal Positivists do not pass judgment on whether the values reflected in law are good or bad; they only consider the validity of the law.
Therefore, the argument described in the question aligns with option 'A' as it highlights the contrasting views of Critical Legal Studies and Legal Positivism regarding the role of law in reflecting and entrenching societal values.
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The idea that law is a reflection of society’s values and also in turn entrenches them is a 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 believes 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 instill 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. The above argument describes which of the following options?a)Critical Legal Studies adherents claim that laws are used to maintain the status quo of society's power structures; it is also held that the law is a codified form of society's biases against marginalized groups whereas legal positivism says laws are commands of human beings.b)The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.c)Both (A) and (B)d)Neither (A) nor (B)Correct answer is option 'A'. 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 a 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 believes 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 instill 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. The above argument describes which of the following options?a)Critical Legal Studies adherents claim that laws are used to maintain the status quo of society's power structures; it is also held that the law is a codified form of society's biases against marginalized groups whereas legal positivism says laws are commands of human beings.b)The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.c)Both (A) and (B)d)Neither (A) nor (B)Correct answer is option 'A'. 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 a 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 believes 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 instill 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. The above argument describes which of the following options?a)Critical Legal Studies adherents claim that laws are used to maintain the status quo of society's power structures; it is also held that the law is a codified form of society's biases against marginalized groups whereas legal positivism says laws are commands of human beings.b)The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.c)Both (A) and (B)d)Neither (A) nor (B)Correct answer is option 'A'. 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 a 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 believes 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 instill 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. The above argument describes which of the following options?a)Critical Legal Studies adherents claim that laws are used to maintain the status quo of society's power structures; it is also held that the law is a codified form of society's biases against marginalized groups whereas legal positivism says laws are commands of human beings.b)The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.c)Both (A) and (B)d)Neither (A) nor (B)Correct answer is option 'A'. 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 a 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 believes 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 instill 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. The above argument describes which of the following options?a)Critical Legal Studies adherents claim that laws are used to maintain the status quo of society's power structures; it is also held that the law is a codified form of society's biases against marginalized groups whereas legal positivism says laws are commands of human beings.b)The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.c)Both (A) and (B)d)Neither (A) nor (B)Correct answer is option 'A'. 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 a 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 believes 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 instill 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. The above argument describes which of the following options?a)Critical Legal Studies adherents claim that laws are used to maintain the status quo of society's power structures; it is also held that the law is a codified form of society's biases against marginalized groups whereas legal positivism says laws are commands of human beings.b)The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.c)Both (A) and (B)d)Neither (A) nor (B)Correct answer is option 'A'. 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 a 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 believes 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 instill 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. The above argument describes which of the following options?a)Critical Legal Studies adherents claim that laws are used to maintain the status quo of society's power structures; it is also held that the law is a codified form of society's biases against marginalized groups whereas legal positivism says laws are commands of human beings.b)The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.c)Both (A) and (B)d)Neither (A) nor (B)Correct answer is option 'A'. 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 a 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 believes 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 instill 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. The above argument describes which of the following options?a)Critical Legal Studies adherents claim that laws are used to maintain the status quo of society's power structures; it is also held that the law is a codified form of society's biases against marginalized groups whereas legal positivism says laws are commands of human beings.b)The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.c)Both (A) and (B)d)Neither (A) nor (B)Correct answer is option 'A'. 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 a 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 believes 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 instill 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. The above argument describes which of the following options?a)Critical Legal Studies adherents claim that laws are used to maintain the status quo of society's power structures; it is also held that the law is a codified form of society's biases against marginalized groups whereas legal positivism says laws are commands of human beings.b)The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.c)Both (A) and (B)d)Neither (A) nor (B)Correct answer is option 'A'. 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 a 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 believes 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 instill 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. The above argument describes which of the following options?a)Critical Legal Studies adherents claim that laws are used to maintain the status quo of society's power structures; it is also held that the law is a codified form of society's biases against marginalized groups whereas legal positivism says laws are commands of human beings.b)The philosophy of law, considered strictly, was to explain the real laws of the expositors, rather than the criticisms of the censors.c)Both (A) and (B)d)Neither (A) nor (B)Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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