austins theory of law
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August 10, 2012
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2 / 342
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Hence, commands and duties are correlative; there can't be one without the other. Commands are said to bind or oblige the person to whom they are directed. Sanctions are always intended to be evils, never goods. Rewards (bribes) cannot be sanctions.
- Conclusion regarding the basic definition of law: a command that obliges a person to observe a general course of conduct, issued by a superior (in power) to an inferior...
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Austin argues such laws are tacitly commanded by the state.
Legal rights are creatures of law, but they are not exercised by following 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 correlative duty, hence the link with commands...
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