Philosophy Of Law Command Theory of Law

Philosophy Of Law\n\nIn an attempt to answer the foreland What the honor is? Professor J. L. capital of Texas proposes a Command system of Law. adept course of understanding this theory of traditionalistic positivism is to compare it to the noneworthy empires of Medieval Japan. These empires consisted of a adept Emperor, or a self-directed , that was considered to have the complete obeisance of the people in his empire. new(prenominal) aspect of his strength is the brain that there is no other political figure higher(prenominal) than the Emperor. With such(prenominal) power and berth at his disposal, the Emperor is equal to inflict any head of punishment that he sees adequate if his drops are non carried let on or go aftered. In describing law as being a command backed by threats of punishment for insubordination, Austin is not arguing that any cause of command be considered a law. It would be absurd to conceptualise a father arrogant his son to take discov er the garbbage would be a cause of command to be considered a law. Rather, being that laws govern wide-cut groups and societies, the commands must originate from an absolute source or crinkle that the people in the club distribute obedience to.\n\nIn analyzing Professor Austins theory of law, Professor H. L. A. stag argues that Austin fails to describe the line up essence of law . hart views Austins command theory of law as no different than a gunman commanding a b do teller to present him the silver. In this example, the gunman is in a position of authority (in relation to the savings bank teller) and is competent of inflicting lethal punishment to the bank teller if his commands are not carried out. Thus, as Hart contends, the bank teller would feel evolve to hand the gunman the money for fear of the consequences that may follow if he does not give the money over to the gunman. It is patent that the fallacy of such a theory is that it does not accurately describe what the law is and where it comes from. One may extract from such a theory the pressumption that the strongest individual/group in a particular society pull up stakes be the one able of administering commands with threats of punishment. But, as an observer goat see in newfangled society , the administors...If you want to get a full essay, order it on our website:

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