Legal positivism argues that
A)The law itself is less important than who is in the position to enforce it.
B)The law is whatever the sovereign says it is.
C)Humans possess certain inalienable rights that are not the products of human-made law.
D)Legal actions are only those which are taken under the law.
E)Courts should follow precedents.

Question

Quizplus · Accepted Answer

Legal positivism argues that the law is whatever the sovereign says it is, meaning that the only source of law is enacted law and legal decisions of courts. This means that the law is not dependent on any moral or ethical considerations, but rather on the will of the lawmakers. Thus, legal positivism separates law from morality and argues that the validity of the law does not depend on its content, but rather on the source of its authority.

Legal Positivism Argues That