PHILOS 3Q03 Chapter Notes - Chapter 5: Positive Law, Thermodynamics
8 May 2018
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Province of Jurisprudence Determined - Reading
(1) What is the!central!insight of Austin’s theory.!"
-4 Types of Laws; Divine Laws, Positive Laws, Positive Morality, Metaphorical Laws "
-Divine and Positive Law is Proper Laws "
-Positive Morality shares ideas between Proper Laws and Improper Laws"
-Metaphorical and Figurative Laws are Improper Laws "
-The Province of Jurisprudence refers to address the boundary of a nation; in terms
boundaries on behaviour based on legality "
-The Law is then defined as Law of God, and Law between men "
-Divine Law is set by God"
-Positive Law is set by Political Superiors or Subordinate Governments "
-2 Classes of Positive law; laws set by political superiors and those set by men "
-Positive Morality would be Law of Honour, Laws of Revenge and War "
-Metaphorical Laws would be the Law of Gravity, Thermodynamics, Etc "
-Laws are COMMANDS or a species of commands "
-Command is a signification of Desire ; duty, sanction,"
-Command is not providing rewards for following actions "
-Laws must be strict if they are to be followed widely "
-So Law can be defined as something which obliges a person "
-Law are meant to be set by superiors for them and inferiors to follow "
-Furthermore, Superiors are usually defined with precedence and excellence "
(2) Is Austin’s project different from Aquinas’?!"
-Aquinas believes there is 2 Types of Law, Natural (secular) + Eternal (religious) Law"
-He also said, evaluating the world with reason and with an open mind is how to grow
intelligence and be civilized beings. This differs from Austin in that, he believes laws
should be made by superiors for inferiors. However, Aquinas argues that every
person have knowledge and intellect worth listening to and evaluating when making
laws. "
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Document Summary
Province of jurisprudence determined - reading (1) what is the central insight of austin"s theory. 4 types of laws; divine laws, positive laws, positive morality, metaphorical laws. Divine and positive law is proper laws. Positive morality shares ideas between proper laws and improper laws. Metaphorical and figurative laws are improper laws. The province of jurisprudence refers to address the boundary of a nation; in terms boundaries on behaviour based on legality. The law is then de ned as law of god, and law between men. Positive law is set by political superiors or subordinate governments. 2 classes of positive law; laws set by political superiors and those set by men. Positive morality would be law of honour, laws of revenge and war. Metaphorical laws would be the law of gravity, thermodynamics, etc. Laws are commands or a species of commands. Command is a signi cation of desire ; duty, sanction, Command is not providing rewards for following actions.
