austins theory of law

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Title: austins theory of law

Essay Details:

Subject: Philosophy

Author: Shannon C

Date: February 28, 2014

Level:

Grade: B

Length: 2 / 342

Essay text:

Hence, commands and duties are correlative; there can't be one without the other. Commands are said to bind or oblige the person to whom they are directed. Sanctions are always intended to be evils, never goods. Rewards (bribes) cannot be sanctions. - Conclusion regarding the basic definition of law: a command that obliges a person to observe a general course of conduct, issued by a superior (in power) to an inferior. - Special problems: Customary laws and rules of common morality which may appear to oblige independently of any superior power are not really laws until recognized by a court. Common laws (judge-made law) likewise may appear not to stem from a superior power...

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