PHILOS 3Q03 Lecture Notes - Lecture 5: Reductionism, Exact Sciences, Social Fact
6 Apr 2019
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Identify the key elements of the law for austin is using for his analysis. Present the student with some challenges for austin theory. Introduce the student to the idea of sovereign in the theory of austin. Identify some relevant elements for further analysis of austin theory. The model of the law used by austin: The greater is the chance that the command will be obeyed, and that the duty will not be broken. But where there is the smallest chance of incurring the smallest evil, the expression of a wish amounts to a command, and, therefore, imposes a duty. The sanction, if you will, is feeble or insufficient; but still there is a sanction and, therefore, a duty and a command (page 72) Aka: as long as there is a drill of force, a duty will arise important element*, this is the point of criticism from hart later on who says that this does not sound right.
