PP213 Lecture Notes - Lecture 4: Reductio Ad Absurdum, Stamen, Practical Reason
Document Summary
It can be anything what soever -contingent , argue that they look at law the way it exists. Can answer question what is law without looking at why its there in the 1st place. Gave rise to command theory of law, law is the command of the sovereign, and the sovereign can give command to what ever they want. An important legal theorist in terms of positivism. He argued that we mix up those two questions. what law is and what law ought to be. What is essential to law is its course of nature, the idea of its command, the non options command of a legal system is what makes a legal system what it is. Law for john is a system of commands, non optional with consequences, when not appeared to. For austin a command has two parts. A) the assertion of a particular kind of desire.
