John Austin (legal philosopher) Quotes (6 quotes)

John Austin (legal philosopher): 6 quotes 0 likes

Famous John Austin (legal philosopher) Quotes

“Every positive law, or every law simply and strictly so called, is set, directly or circuitously, by a sovereign person or body, to a member or members of the independent political society wherein that person or body is supreme.”

John Austin (legal philosopher)

Source: The Province of Jurisprudence Determined (1832), p. 136-137

“A command is distinguished from other significations of desire, not by the style in which the desire is signified, but by the power or purpose of the party to inflict an evil or pain in case the desire is disregarded.”

John Austin (legal philosopher)

Source: The Province of Jurisprudence Determined (1832), p. 6

“The existence of a law is one thing, its merits or demerits is are another thing. Whether a law be, is one inquiry; whether it ought to be o whether it agree with a given or assumed test, is another and a distinct inquiry.”

John Austin (legal philosopher)

Variant:
The existence of law is one thing; its merit or demerit is another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry. A law, which actually exists, is a law, though we happen to dislike it, or though it vary from the text, by which we regulate our approbation and disapprobation.
John Austin, Austin Lectures on Jurisprudence; or The Philosophy of Positive Law, 1873, Lecture V
Source: The Province of Jurisprudence Determined (1832), p. 278