Legal Positivism: Austin’s Command Theory
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4 Terms
How does Austin conceive of the law? Does he think the law applies to everyone? Why or why not?
Law is a set of general and prospective commands issued by the sovereign of a state to the subjects of that state.”(Positive Law)
No, there is no requirement that the sovereign be the rightful leader. It is whoever has the power to command obedience. The law applies to people who follow the sovereign(ruler)
What does Austin say about the natural law theorist who proclaims that an unjust law is not a law?
He thought they were confused about the difference between laws and morality. The existence of law is one thing; its merits or demerits another
Which kinds of law (there are several) did Hart think Austin’s command theory did a particularly bad job of characterizing? Why? Explain why in a paragraph or so.
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