Criminal cases and civil cases
The positivist thesis does not say that law’s merits are unintelligible, unimportant, or peripheral to the philosophy of law. It says that they do not determine whether laws or legal systems exist. Whether a society has a legal system depends on the presence of certain structures of governance, not on the extent to which it satisfies ideals of justice, democracy, or the rule of law. What laws are in force in that system depends on what social standards its officials recognize as authoritative; for example, legislative enactments, judicial decisions, or social customs. The fact that a policy would be just, wise, efficient, or prudent is never sufficient reason for thinking that it is actually the law, and the fact that it is unjust, unwise, inefficient or imprudent is never sufficient reason for doubting it. According to positivism, law is a matter of what has been posited (ordered, decided, practiced, tolerated, etc.). Austin thought the thesis “simple and glaring”. While it is probably the dominant view among analytically inclined philosophers of law, it is also the subject of competing interpretations together with persistent criticisms and misunderstandings.
Answer:
c
Explanation:
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Statutory law is to legislative bodies as common law is to Courts.
Statutory law- Statutory law is the kind of law that is made by the legislature of the country. These laws are codified by the legislature(Senate and House of Representatives). The legislature has exclusive power to make this law. The court generally gives decisions on the basis of statutory law but the court cannot make the statutory law.
Common laws- These are the laws that result from judicial activism. From time to time the judiciary of a country passes judgments that become binding on everyone to follow. Common law comes into existence through two methods:
- When the judiciary gives fresh judgment in any case
- When the judiciary interprets the law or bill.
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