LJU4801 Assignment 1 (QUIZ ANSWERS) Semester 1
2026 (890028) – Actual Exam – Complete Q&A with
Detailed Rationales – Pass Guaranteed – A+ Graded
Foundations: Natural Law & Legal Positivism
Q1: Lon Fuller's "inner morality of law" is best understood as which of the following?
A. The belief that all valid legal systems must be grounded in divine command
B. The argument that law and morality are entirely separate domains with no overlap
C. A set of procedural principles—such as generality, publicity, and
non-retroactivity—that law must satisfy to function as law at all [CORRECT]
D. The view that judges should always apply moral reasoning instead of legal rules
when deciding cases
Correct Answer: C
Rationale: The best answer is C. Fuller argued that law has an internal morality built into
its very procedures; if a system fails to meet these basic requirements—like making
rules general, public, and prospective—it ceases to be a legal system in any meaningful
sense. This is not about divine command, nor is it the same as Hart's separation thesis,
and it certainly does not suggest judges should ignore legal rules for moral ones.
Q2: A legislature passes a statute requiring all citizens to worship at a state-approved
church. The statute is clear, publicly promulgated, and passed through proper legislative
channels. Thomas Aquinas would most likely argue that this statute is:
A. Valid law because it was enacted by the proper authority through correct procedures
B. Not truly law because it conflicts with divine law and natural reason, violating the
human good [CORRECT]
C. Valid law only if the majority of citizens voluntarily consent to it
D. Not truly law because it fails to meet Fuller's procedural requirements of generality
and non-contradiction
Correct Answer: B
, Rationale: The best answer is B. For Aquinas, an unjust law—one that violates divine law
or natural reason, such as coerced religious worship—lacks the character of true law
and is more akin to an act of violence. While A might tempt positivist thinkers, Aquinas
would reject procedural correctness alone as sufficient for genuine lawfulness.
Q3: In a newly independent state, the constitution is silent on who has the power to
make law. Over time, courts consistently recognise statutes passed by Parliament as
valid law, and this practice becomes settled. According to H.L.A. Hart, the source of
legal validity in this state is best explained by:
A. The natural law principle that Parliament's power derives from moral correctness
B. Austin's command theory, which requires a habitual obedience backed by threats
C. The rule of recognition, emerging from the convergent practice of officials who
accept it as the standard of legal validity [CORRECT]
D. Kelsen's Grundnorm, which must be explicitly written into the constitutional text
Correct Answer: C
Rationale: The best answer is C. Hart's rule of recognition is a social rule that exists in
the actual practice of officials; it need not be written down, and it certainly does not
depend on moral correctness. The scenario describes exactly how Hart thought legal
systems actually function—through acceptance and practice, not through a single
foundational norm inscribed in text.
Q4: John Austin's command theory of law defines law as:
A. A system of rules accepted by officials from an internal point of view
B. A command issued by a sovereign, backed by a threat of sanction, and habitually
obeyed by the populace [CORRECT]
C. A set of norms grounded in a basic norm or Grundnorm that validates all other norms
D. A moral principle discoverable through human reason and aligned with the common
good
Correct Answer: B
Rationale: The best answer is B. Austin's positivist account is straightforward: law is the
command of a political superior to a political inferior, backed by the threat of evil
(sanction), and the sovereign must be habitually obeyed. This is quite different from
Hart's internal point of view, Kelsen's Grundnorm, or natural law reasoning.
2026 (890028) – Actual Exam – Complete Q&A with
Detailed Rationales – Pass Guaranteed – A+ Graded
Foundations: Natural Law & Legal Positivism
Q1: Lon Fuller's "inner morality of law" is best understood as which of the following?
A. The belief that all valid legal systems must be grounded in divine command
B. The argument that law and morality are entirely separate domains with no overlap
C. A set of procedural principles—such as generality, publicity, and
non-retroactivity—that law must satisfy to function as law at all [CORRECT]
D. The view that judges should always apply moral reasoning instead of legal rules
when deciding cases
Correct Answer: C
Rationale: The best answer is C. Fuller argued that law has an internal morality built into
its very procedures; if a system fails to meet these basic requirements—like making
rules general, public, and prospective—it ceases to be a legal system in any meaningful
sense. This is not about divine command, nor is it the same as Hart's separation thesis,
and it certainly does not suggest judges should ignore legal rules for moral ones.
Q2: A legislature passes a statute requiring all citizens to worship at a state-approved
church. The statute is clear, publicly promulgated, and passed through proper legislative
channels. Thomas Aquinas would most likely argue that this statute is:
A. Valid law because it was enacted by the proper authority through correct procedures
B. Not truly law because it conflicts with divine law and natural reason, violating the
human good [CORRECT]
C. Valid law only if the majority of citizens voluntarily consent to it
D. Not truly law because it fails to meet Fuller's procedural requirements of generality
and non-contradiction
Correct Answer: B
, Rationale: The best answer is B. For Aquinas, an unjust law—one that violates divine law
or natural reason, such as coerced religious worship—lacks the character of true law
and is more akin to an act of violence. While A might tempt positivist thinkers, Aquinas
would reject procedural correctness alone as sufficient for genuine lawfulness.
Q3: In a newly independent state, the constitution is silent on who has the power to
make law. Over time, courts consistently recognise statutes passed by Parliament as
valid law, and this practice becomes settled. According to H.L.A. Hart, the source of
legal validity in this state is best explained by:
A. The natural law principle that Parliament's power derives from moral correctness
B. Austin's command theory, which requires a habitual obedience backed by threats
C. The rule of recognition, emerging from the convergent practice of officials who
accept it as the standard of legal validity [CORRECT]
D. Kelsen's Grundnorm, which must be explicitly written into the constitutional text
Correct Answer: C
Rationale: The best answer is C. Hart's rule of recognition is a social rule that exists in
the actual practice of officials; it need not be written down, and it certainly does not
depend on moral correctness. The scenario describes exactly how Hart thought legal
systems actually function—through acceptance and practice, not through a single
foundational norm inscribed in text.
Q4: John Austin's command theory of law defines law as:
A. A system of rules accepted by officials from an internal point of view
B. A command issued by a sovereign, backed by a threat of sanction, and habitually
obeyed by the populace [CORRECT]
C. A set of norms grounded in a basic norm or Grundnorm that validates all other norms
D. A moral principle discoverable through human reason and aligned with the common
good
Correct Answer: B
Rationale: The best answer is B. Austin's positivist account is straightforward: law is the
command of a political superior to a political inferior, backed by the threat of evil
(sanction), and the sovereign must be habitually obeyed. This is quite different from
Hart's internal point of view, Kelsen's Grundnorm, or natural law reasoning.
