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Lecture 4

PP213 Week 4

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Matthew Smith

thOct 4PP213Legal PhilosophyInstructor Dr Matthew GrelletteLegal Positivism John AustinGrotius let us give first place and preeminent authority to the following rule What God has shown to be His Will that is lawDe Jure Praedae Commentarius 1604BlackstoneThis law of nature being coeval with mankind and dictated by God himself is of course superior in obligation to any other It is binding over all the globe in all countries and at all times Nohuman laws are of any validity if contrary to this and such of them as are valid derive all their force and all are their authority mediately or immediately from this originJeremy BenthamCritical of Natural Lawequated it with selfaggrandizementWhen a man has a political caprice to gratify and is determined to gratify it at any price when he feels an ardent desire to see it gratified but can give no reason why it should be gratified but can give no reason why it should be gratified when he finds it necessary to get the multitude to join with him but either stoops not to enquire whether they would be better or the happier for doing or feels at a loss to prove it from real laws come real rights but from imaginary laws from laws of nature fancied and invented by poets rhetoricians and dealers in moral and intellectual poisons come imaginary rights a bastard brood of monstersJohn Austins Critiqueidea that natural law makes rules that apply to us even if they are not written down anywhereif there is a legal rule established in a community if it violates tenets of natural law it is not a law
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