HUMA 1825 Lecture Notes - The Province, The Concept Of Law

27 views3 pages
4 Jun 2014
Department
Course
Professor

Document Summary

Historical genesis of legal positivism, late 18th early 19th c. utilitarians. A necessary minimum moral content of law. Three main criticisms of legal positivism: concerning john austin"s command theory of law, the charge of formalism in adjudication, the charge that legal positivism led to nazi law, john austin"s command theory of law. Austin describes the command theory as the key to the sciences of jurisprudence and morals (the province of jurisprudence determined 1832). It consists of the simple trilogy of command, sanction and sovereign (p. 141). In lecture i, austin writes: if you are able and willing to harm me in case i comply not with your wish, the expression of your wish amounts to a command. Being liable to evil from you if i comply not with a wish which you signify, i am bound or obliged by your command, or i lie under a duty to obey it.

Get access

Grade+
$40 USD/m
Billed monthly
Grade+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
10 Verified Answers
Class+
$30 USD/m
Billed monthly
Class+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
7 Verified Answers

Related Documents

Related Questions