POLI 341 Chapter : Austin Reading.docx
16 Mar 2013
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Law (properly so called) is understood as something set by political superiors to political inferiors. How legal significance will follow is through a negative sanction: the power of effecting pain on others. One who can oblige another to comply is his superior. Law must be given to a rational being. Austin reinforces the separation thesis by asserting that morality servers from positive law, referring to the former merely as the law of god. Laws improperly so called, ie. related to fashion and honour, are mere opinion so where laws lack a sanction, it is imperfect. A command is not a simple imitation of desire. But it must be coupled with a negative sanction therefore, law is not efficient due to a probability of consequence but by a negative sanction. The greater chance of it being incurred, the greater chance of it being regarded. Therefore, a reward, or a negative sanction does not count because it can"t oblige action.
