PHL271H1 Lecture Notes - Lecture 2: Jeremy Bentham, Legal Positivism, Wine Tasting Descriptors
Document Summary
Lecture 2- theories of jurisprudence, legal positivism updated. Specifically interested in cases where people command other people, cases where we have a human political superior directing human political inferiors. Can think of this as involving someone called a sovereign (law giver) and a subject (law follower) Call the process the giving and enforcing the law government. Has to happen in independent units (if dependent, have to get gratification from a hierarchy) Has to be some kind of communication, one species has to issue commands, for. Austin, the law is a specific kind of command. Every law or a rule is a command, or rather laws or rules properly so called are a species of command . A command is a signification of desire but austin said something else must be added. , has to be a consequence(sanction) that can be applied if the command is not carried out and also have the power and purpose to deliver the sanction.
