How legal positivists think about judicial decision-making


Question: Which of the following statements best captures how legal positivists such as Austin and Hart think about judicial decision-making? Group of answer choices Judges are indistinguishable from policy-makers When they exercise their discretion in hard cases, judges should stray as little as possible from the plain meaning of the applicable statutes and provisions Judicial discretion is a myth When judges correctly realize that the law is ambiguous or silent on some matter they must decide, their decision effectively creates new law

 

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