Ideas from 'Lectures on Jurisprudence' by John Austin [1858], by Theme Structure

green numbers give full details    |     back to texts     |     unexpand this idea


25. Social Practice / D. Justice / 2. The Law / d. Legal positivism
The existence of law is one thing, its merits and demerits another
                        Full Idea: The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard is a different enquiry.
                        From: John Austin (Lectures on Jurisprudence [1858], p.214), quoted by Jens Zimmermann - Hermeneutics: a very short introduction 6 'Positivism'
                        A reaction: It is impossible to contest this point, but the issue is whether there is nothing more to law than its written existence.