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Single Idea 20930

[from 'Lectures on Jurisprudence' by John Austin, in 25. Social Practice / D. Justice / 2. The Law / d. Legal positivism ]

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.

Gist of Idea

The existence of law is one thing, its merits and demerits another

Source

John Austin (Lectures on Jurisprudence [1858], p.214), quoted by Jens Zimmermann - Hermeneutics: a very short introduction 6 'Positivism'

Book Reference

Zimmerman,Jens: 'Hermeneutics: very short introduction' [OUP 2015], p.103


A Reaction

It is impossible to contest this point, but the issue is whether there is nothing more to law than its written existence.