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Question: 1 / 400

Under legal positivism, how is the validity of a law determined?

By the content of the law itself

By the intent of the lawmaker

By the process through which it was made

The validity of a law under legal positivism is determined primarily by the process through which it was made. Legal positivism asserts that laws are rules created by human beings and that their validity is not dependent on their moral content or any external considerations. Instead, it emphasizes the importance of the established procedures, regulations, or mechanisms that a legal system follows to create and enforce laws.

In this framework, a law is valid if it has been enacted following the recognized procedures of the legal system, regardless of whether the content of the law itself may be viewed as just or unjust. This ensures a clear separation between law and morality, positioning the role of the law as a system governed by rules and processes that must be followed for a law to gain legitimacy and authority within that legal system. Thus, the correct option reflects the foundational principles of legal positivism, highlighting the procedural aspect of law-making as the basis for legal validity.

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By public opinion and acceptance

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