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John Austin (1790-1859) The Province of Jurisprudence Determined (1832)
John Austin (1790-1859) The Province of Jurisprudence Determined (1832)
▪ Objects resemble when they are said to be analogous – i.e. when they belong to different
classes
▪ A Metaphor transfers an idea (term) from its 1st use to a secondary object
▪ Lecture V (cont.)
▪ Positive morality (improper laws closely analogous to laws proper) consists of:
▪ Who are not politically superior to those to whom that “law” applies
▪ Laws analogous to laws, properly so called, are really mere opinion or sentiment.
▪ Lecture V (cont.)
▪ Jurisprudence is concerned with Positive Law without regard to its goodness or badness.
▪ Positive Morality, considered without regard to its goodness or badness might be worthy of a
science analogous to jurisprudence – i.e. the study of international law.
▪ The “goodness” or “badness” of a law or a particular piece of positive morality can be defined
as:
▪ Lecture V (cont.)
▪ Sovereign person(s)
▪ The “Law of God” or morality of custom may end as positive law when enforced by the
sovereign, but the “law of God” or “morality” giving rise to the true positive law is simply the
model – the command of the sovereign is the true law.
▪ Lecture V (cont.)
▪ To God’s law
▪ To Positive Law
▪ Those proper & analogous which enforce compliance with positive morality
▪ Sanctions are brought upon the individual by an act or omission of his own.