Question
Hans Kelsen defended this theory in his work Pure Theory of Law which attempted to scientifically study law without moral, political, or sociological considerations. For 10 points each:
[10m] What theory holds that the existence of a law depends not on its merits but on observable social facts?
ANSWER: legal positivism
[10h] Legal positivism became dominant in Britain during the 19th century largely due to this thinker’s command theory of law, which analyzed laws as rules backed by force.
ANSWER: John Austin [reject “John Langshaw Austin” or “J. L. Austin”]
[10e] John Austin’s writings were heavily influenced by An Introduction to the Principles of Morals and Legislation, which was written by this utilitarian thinker who devised the felicific calculus and was admired by John Stuart Mill.
ANSWER: Jeremy Bentham
<MB, Philosophy>
Summary
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