5

Set 1: Central Ideas (Advanced)

Explanation

Answer: A

PASSAGE

The following text discusses Legal Positivism. Legal positivism is a school of thought in jurisprudence that argues there is no necessary connection between law and morality. According to positivists like H.L.A. Hart, the validity of a law depends not on its moral content but on its sources—specifically, whether it was enacted by a recognized sovereign or legitimate authority according to established procedures. Thus, a law can be legally valid even if it is morally repugnant.

According to legal positivism, what determines the validity of a law?

A. Its alignment with universal moral truths✓ Correct
B. The consensus of the general population
C. Its enactment by a legitimate authority via established procedures
D. Its ability to produce the greatest good for the greatest number

Detailed Explanation

Choice C is correct. The text states validity depends 'on its sources... whether it was enacted by a recognized sovereign or legitimate authority.'

Key Evidence:

• "enacted by a recognized sovereign or legitimate authority"

• "depends not on its moral content"

Why others are wrong: A (Opposite (Natural Law view)), B (Not mentioned), D (Utilitarian view, not Positivist).

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