Introduction to Law Deneme Sınavı Sorusu #837893

"Law is studied on an objective and empirical basis. The question is not what law ought to be, but rather what actually law is. Only laws on the statute books and other written forms can be considered as law since they have an empirical form."

Which of the following approaches defines law from an empirical perspective?


Natural law

Marxism

Legal positivism

Social law

Critical approach to law


Yanıt Açıklaması:

Legal positivists take their view of law from positive science. Law is studied on an objective and empirical basis. The question is not what law ought to be, but rather what actually law is. Only laws on the statute books and other written forms can be considered as law since they have an empirical form. Consequently, according to this view, the function of a judge is mechanical: it is simply to apply the objective (enacted law). In contrast, the natural law view has a moral (or “natural justice”) dimension, in that it seeks to define law not simply as it is (i.e. in its empirical form) but also how it ought to be, that is, in line with “morally” correct or just behaviour.

The correct answer is C.

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