PHIL 348 Chapter : A Positivist Conception of Law.doc

• School: McGill University
• Department: Philosophy
• Course: PHIL 348
• Professor: Storrs Mc Call

Document Summary

Law a rule laid down for the guidance of an intelligent being by an intelligent being having power over him . Laws come in two forms: laws set by god to men, laws set by men to men. The second is that which austin terms positive law, or the aggregate of the rules, established by political superiors over political inferiors (26). This is distinct to what austin terms positive morality, which are rules set and enforced by popular opinion. Furthermore, laws or rules are a species of commands. Command to desire one to do, avoid or desist from some act, and is complimented with a threat to inflict evil in the case of noncompliance with the desire. If you are able and willing to harm me in case i comply not with your wish, the expression of your wish amounts to a command (27).