JURI-1107EG Lecture Notes - Lecture 1: Laurentian University, European Parliament Committee On Legal Affairs, Legal Formalism
7 Feb 2019
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According to john austin, a sovereign is a clearly marked person or persons that is obeyed by the majority of the population which, in turn, does not habitually obey any other person (ketchen, 82). The sovereign body creates the rules or commands that are enforced by threat of a decided punishment. In any society, austin argues that a sovereign is the one person or persons that is always obeyed but does not participate itself in lawful obedience (https://d2l. laurentian. ca/d2l/le/content/114436/viewcontent/914959/view). Describe, briefly, how hart answered each of these questions. Hart provided the two foils to demonstrate that (1) law is authoritative, but not always legitimate; and (2) law is about obligations and the authoritative threat of punishment (ketchen, 91). The three questions that hart formulated were considered to be essential in the analysis of law due to an inability of the initial two foils to provide answers (ketchen, 91).
