Command Theory

Question 1

Austin: types of laws

Answer 1

1) Laws set by political superiors
2) Laws set by non-political superiors
3) Objects improperly termed “laws” (e.g. the law of the house)
4) Objects metaphorically termed “laws” (e.g. law of growth of vegetables)

Question 2

Command

Answer 2

The will of someone expressed about what you have to do

CREATES A DUTY (if it comes with “power and purpose” to inflict an evil if wish is not complied with)

Question 3

Sanctions

Answer 3

EVIL for disobeying a command

b/c a distrust of morals? (sanctions/commands can be empirically ascertained)

Bentham did think law is to maximise utility and he focused on maximum pleasure and pain so to avoid pain –> avoid sanctions

Question 4

Bentham CT: types of laws

Answer 4

1) Commanding X
2) Permitting X
3) Prohibiting X
4) Permitting to refrain from X

Question 5

Nullity is a sanction?

Answer 5

Nullity is not necessarily an evil
Nullity is not separate from the rule
nullity does not discourage/surpress conduct

Question 6

Bentham explaining positive law

Answer 6

It is a QUALIFICATION to the GENERAL COMMAND

Question 7

Sovereignty is not how Austin explains it

Answer 7

Habits of obedience is not what gives somebody authority to make the law (Rex II)

Rules that identify the sovereignty are ultimately grounded in social RULES

Mistake to think a legally unlimited sovereign in every legal system

Question 8

Raz

Answer 8

The puzzled man (CT cannot be nature, only concept of law)

Legal obligation is not adequately explained by prediction that someone will be forced to suffer an evil