austins theory of law :: essays research papers

Laws in the most general sense be rules made by one intelligent being for the guidance of some other intelligent being, the former having office over the latter.- All laws are a species of command, a command being an expression of a wish or desire that some other person do something. Commands can whole be issued by one who has the power and intention to inflict a sanction in the event of disobedience.- A legal duty is a liability to a sanction for refusal to comply with a command. Hence, commands and duties are related to there cant be one without the other. Commands are state to bind or oblige the person to whom they are directed. Sanctions are forever and a day intended to be evils, never goods. Rewards (bribes) cannot be sanctions.- Conclusion regarding the basic exposition of law a command that obliges a person to observe a general course of conduct, issued by a superior (in power) to an inferior.- Special problems ordinary laws and rules of common morality which may appe ar to oblige independently of whatever superior power are not really laws until recognized by a court.Common laws (judge-made law) likewise may appear not to subject from a superior power. capital of Texas argues such laws are tacitly commanded by the state.Legal rights are creatures of law, but they are not exercised by chase orders the option to exercise a right is up to the owner of the right. Austin no law creates a right without also creating a joint duty, hence the link with commands.- Positive Law is a set of commands issued by a sovereign to his subjects. The sovereign is a determinate person or group (a) who receives habitual obedience from the bulk of society (he is the superior power within his society) and (b) is not in a habit of obedience to a like superior group (independent of any other