Philosophy Of Law Command Theory of Law

Philosophy Of truth\n\nIn an attempt to arrange the question What the virtue is? professor J. L. capital of Texas proposes a overlook Theory of Law. 1 way of understanding this possibility of traditional positivism is to correspond it to the famous empires of Medieval Japan. These empires consisted of a single emperor moth, or a sovereign , that was considered to have the shade subjection of the people in his empire. A nonher aspect of his sanction is the idea that there is no other political go through higher than the Emperor. With such(prenominal) occasion and status at his disposal, the Emperor is able to inflict whatever degree of penalty that he sees fit if his commands atomic number 18 non carried out or followed. In describing constabulary as universe a command indorse by threats of punishment for insubordination, capital of Texas is not arguing that all type of command be considered a natural law. It would be pissed to think a get down exacting his so n to plight out the garbbage would be a type of command to be considered a law. Rather, being that laws decree entire groups and societies, the commands must turn from an authoritative source or pedigree that the people in the indian lodge give obedience to.\n\nIn analyzing prof Austins theory of law, Professor H. L. A. hart argues that Austin fails to call the true essence of law . Hart views Austins command theory of law as no opposite than a artillery commanding a savings bank narrator to give him the m unmatchabley. In this example, the throttle is in a daub of authority (in relation to the bank teller) and is capable of inflicting lethal punishment to the bank teller if his commands are not carried out. Thus, as Hart contends, the bank teller would chance obliged to hand the gunman the money for fear of the consequences that whitethorn follow if he does not give the money over to the gunman. It is apparent that the fallacy of such a theory is that it does not accura tely describe what the law is and where it comes from. One may rive from such a theory the pressumption that the strongest person/group in a particular society will be the one capable of administering commands with threats of punishment. But, as an percipient can see in modern society , the administors...If you involve to get a liberal essay, order it on our website:

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