LEGAL POSITIVISM as articulated by H.L.A. HART includes the 'SEPARATION THESIS':
Alaw and morality are the same (cf. H.L.A. Hart's Separation Thesis; Hart-Fuller debate (1958)) (cf. H.L.A. Hart's Separation Thesis; Hart-Fuller debate (1958))
Blaw cannot exist (cf. H.L.A. Hart's Separation Thesis; Hart-Fuller debate (1958)) (cf. H.L.A. Hart's Separation Thesis; Hart-Fuller debate (1958))
CLAW AND MORALITY are conceptually SEPARABLE — what the LAW IS is one question; what the LAW OUGHT TO BE is another. A morally bad law may still be a valid law
Dmorality determines law (cf. H.L.A. Hart's Separation Thesis; Hart-Fuller debate (1958)) (cf. H.L.A. Hart's Separation Thesis; Hart-Fuller debate (1958))
Answer & Solution
Correct answer: C. LAW AND MORALITY are conceptually SEPARABLE — what the LAW IS is one question; what the LAW OUGHT TO BE is another. A morally bad law may still be a valid law
1. SEPARATION THESIS is the central tenet of LEGAL POSITIVISM (Bentham, Austin, Kelsen, Hart, Raz).
2. It holds that there is NO NECESSARY CONNECTION between LAW (what the law IS) and MORALITY (what the law OUGHT TO BE).
3. Implications:
4. (i) A MORALLY BAD LAW may still be a VALID LAW (e.g. Nazi laws were 'law' even if morally repugnant);
5. (ii) MORAL CRITIQUE of law is a DIFFERENT exercise from LEGAL ANALYSIS;
6. (iii) WHAT THE LAW IS can be determined by SOCIAL FACTS (rule of recognition).
7. HART-FULLER DEBATE (1958, Harvard Law Review) — Lon Fuller's natural law response: there is a 'morality of law' (procedural natural law) — generality, publicity, prospectivity, clarity, consistency, possibility, stability, congruence between rules and administration.
8. CONTRAST with NATURAL LAW: 'an unjust law is no law at all' (St. Augustine, Aquinas).
9. Hence option B is correct.
_Source: Legal Research Methodology + Jurisprudence — H.L.A. Hart's Separation Thesis; Hart-Fuller debate (1958)_
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