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The claim that unjust law does not have to be obeyed is consistent with a) legal positivism b) jurisprudence c) natural law theory d) the rule of law

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Final answer:

The claim that unjust law does not have to be obeyed aligns with natural law theory, as it holds that human laws should be consistent with objective natural laws, and those that aren't may be rightfully disobeyed.The correct option is c.

Step-by-step explanation:

The claim that unjust law does not have to be obeyed is consistent with c) natural law theory. According to Thomas Aquinas and classical natural law theory, human laws must align with natural laws. Human laws that contravene the laws of nature are considered invalid or unlawful, which is why within natural law theory, there is an argument that such laws do not need to be obeyed.

Natural law theory posits that there are objective values based on the natural order, and therefore, unjust human laws that do not conform to these natural laws lack legitimate authority.In contrast, legal positivism holds that law is the command of the sovereign backed by sanctions and is separate from morality, so under this theory, even unjust laws have to be obeyed until they are changed by the legislature.

The rule of law, as articulated by thinkers like Sir William Blackstone, implies that all laws, just or unjust, must be applied equally and fairly, but it does not necessarily hold that unjust laws can be disobeyed. Lastly, jurisprudence is the study and theory of law and does not itself make a claim one way or the other about the obedience to unjust laws.

The correct option is c.

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