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Hart approved of Austin's theory of a sovereign but claimed that Austin's command theory failed in several important respects. Among the ideas Hart developed in The Concept of Law (1961) are: a critique of Austin's theory that a law is a command of the sovereign enforced by a threat of punishment;
John Austin (3 March 1790 – 1 December 1859) was an English legal theorist who posthumously influenced British and American law with an analytical approach to jurisprudence and a theory of legal positivism. [1]
Austin was a student of Jeremy Bentham, and as such subscribed to Utilitarianism. He adopted this perspective in his understanding of law, and argued that all laws should work toward promoting the greatest good for the greatest number of people. According to Austin, a law is 'a rule laid down for the guidance of an intelligent being by an ...
A critique of John Austin's theory that law is the command of the sovereign backed by the threat of punishment. A distinction between primary and secondary legal rules, such that a primary rule governs conduct, such as criminal law, and secondary rules govern the procedural methods by which primary rules are enforced, prosecuted and so on.
Ronald Dworkin's Theory of Equality: Domestic and Global Perspectives. New York: Palgrave Macmillan, 2009. Benjamin Brown, From Principles to Rules and from Musar to Halakhah - The Hafetz Hayim's Rulings on Libel and Gossip; Burke, John J.A. The Political Foundation of Law: The Need for Theory with Practical Value. San Francisco: Austin ...
Performativity is the concept that language can function as a form of social action and have the effect of change. [1] The concept has multiple applications in diverse fields such as anthropology, social and cultural geography, economics, gender studies (social construction of gender), law, linguistics, performance studies, history, management studies and philosophy.
Texas Rangers fans on social media sounded off after the team’s 3-1 victory in game 3 of the World Series to complaining about Fox Sports broadcaster John Smoltz.
The problem of the penumbra arises when the definition of a word in a law is inadequate in deciding the outcome of a case, leading to human interpretation of the law as the deciding factor. An example is a law that refers to a vehicle, which would clearly mean automobile in a core case, but in the penumbra case, the vehicle in question is an ...