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Which of the following statement is not correct as per Austin on Law and Morality? (A) Positive Laws are set by political superiors and are proper
Question

Which of the following statement is not correct as per Austin on Law and Morality?
(A) Positive Laws are set by political superiors and are proper subject matter of jurisprudence (B) Laws by analogy are laws improperly so called (C) Command, Duty, Sanction and Morality are inseparable (D) Laws are of two types: laws properly so called and laws improperly so called (E) Austin’s conception of law takes into account positive law and positive morality
Choose the correct answer from the options given below:

A.

(A), (B) Only

B.

(B), (C) Only

C.

(E), (D) Only

D.

(C) Only

Correct option is D


John Austin’s legal positivism distinctly separates law and morality. According to Austin, laws are commands issued by a political superior to an inferior and are backed by sanctions. While morality may influence the law, the two are not inseparable.
· Statement (C), which says “Command, Duty, Sanction and Morality are inseparable,” is incorrect as per Austin.

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