Legal Philosophy Positive Law Law as the Sovereign’s Command – John Austin * the subject of jurisprudence is positive law * law set by political superiors to political inferiors Command – a significance of desire In commands‚ unlike in other significations of desire‚ the one commanding has the power to inflict evil or harm upon the one commanded‚ once the command is ignored. Command and Duty are correlative terms (parang games lang‚ haha!) * wherever a duty lies‚ a command
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philosophers Plato and Aristotle state that it is‚ “An embodiment of Reason”‚ whether in the individual or the community.’ Meaning under the theory‚ law resembles morality. However this opposes the Positivists like John Austin (reference: Province of Jurisprudence Determined) that it is “A rule laid down for the guidance of an intelligent being having power over him.” Meaning law is law regardless of its moral content. These theories help further explain law also including justice‚ politics and economics
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Introduction The history of jurisprudence is one of the most fascinating of all scholarly subjects. Individuals such as Roscoe Pound‚ H.L.A. Hart‚ and John Austin have provided individuals ranging across the disciplines with outstanding accounts of their personal philosophies about the law and the interpretation of it. When looking to the modern era‚ it is difficult to consider the philosophy of law without examining the much-esteemed Ronald Dworkin. Part I – Adjudication of Hard Cases
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References: Freeman‚ M. D. A. 2008. Lloyd’s introduction to jurisprudence. 8th edn. London: Sweet & Maxwell. Menski‚ Werner. 2003. Hindu law. Beyond tradition and modernity. New Delhi: Oxford University Press. Menski‚ Werner. 2006. Comparative law in a global context. The legal systems of Asia and Africa. Second edition
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saw himself as a criticizing the natural law theory because of his version of legal positivism‚ his command theory of law which saw law as commands of a sovereign backed up by threat of sanction for disobedience. In his book‚ The Province of Jurisprudence Determined (1832) he defines some of
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From which standpoint is it possible to capture what law is? It is possible to capture what law is from a standpoint independent of its content by positing a descriptive account of its characteristic features. In response to the limitations of early empirical positivism propounding the command theory‚ the conventional positivists put forth the separability thesis‚ by which law can be described distinct from any morally laden propositions. However‚ the value of such a purely descriptive account
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16/01/2015 STUDY OF FIRST PRINCIPLE OF CIVIL LAW Chapter 1 Introduction The English term “Jurisprudence” is based on the Latin word jurisprudentia. Juris is the genitive form of jus meaning "law"‚ and prudentia means "knowledge". The word is first attested in English in 1628‚ at a time when the word prudence had the obsolete meaning of "knowledge of or skill in a matter". The subject of [1] Jurisprudence involves enquiries of a fundamental nature [http://www.blogger.com/blogger.g?blogID=3104334703262504421#_ftn1]
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Fordham Law Review Volume 75 | Issue 3 Article 24 2006 Are Constitutional Norms Legal Norms? Jeremy Waldron Recommended Citation Jeremy Waldron‚ Are Constitutional Norms Legal Norms?‚ 75 Fordham L. Rev. 1697 (2006). Available at: http://ir.lawnet.fordham.edu/flr/vol75/iss3/24 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized administrator of
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Canda‚ Lucille Ann Carreon‚ Joseph Valerian Timtim‚ Kimberly Loide Viernes‚ Gerald Paul Nature of Law Legal Positivism There are a lot of theorists who pioneered in the concept of Legal Positivism.But among them are two leading theorists who mainly contributed on this idea and further argued on each other’s respective opposite views. One of which is John Austin‚ who holds that legal positivism is the nature of law which deals with the existence and contents of law based on social facts
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John Austin (1790-1859) was a British legal philosopher and was the first Professor of Jurisprudence at London University. His publications had a profound influence on English jurisprudence. They include The Province of Jurisprudence Determined (1832)‚ and Lectures on Jurisprudence. John Austin is best known for his work developing the theory of legal positivism. He attempted to clearly separate moral rules from "positive law." Austin’s theory also falls under Constitutions‚ International Law‚ non-sanctioned
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