An essay on philosophy of law command theory of law
Recognizing such a problem, Austin had argued that in democracies, it was the electorate that formed the sovereign.
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Human laws are two kinds: specific laws are set up political superiors and are positive law and there are other which are not set up political superiors. Some are facilitative, allowing us to create contracts and other legal relations.
Law as it is and law as it ought to be
There are two perspectives to this: the external aspect, which is the independently observable fact that people do tend to obey the rule with regularity, and the internal aspect which is the feeling by an individual of being in some sense obligated to follow the rule, otherwise known as the critical reflective attitude. A blog to discuss jurisprudence, legal theory, the philosophy of law and moral philosophy. Any subject. There can subsist laws such as acts of attainder which lack the character of generality. Sanctions are there only as ancillary measures in case the system breaks down. This units Austin with Hobbes and other of sovereignty. He defined law as a rule laid down for the guidance of intelligent being by an intelligent being having. We feel in some sense bound by social rules and laws frequently appear to be types of social rule. In Austin positivists of law.
That development is surely to be at least partly explained by the fact that those theorists reflected on law almost exclusively within advanced common law systems—i. The second basic objection Hart has to Austin is regarding the range of application of laws.
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