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Review: Austin: The Province of Jurisprudence DeterminedUser Review - Adam - Goodreads
Austin is obscenely repetitive, but this book is overall a fine explication of the most sane and wise philosophical position of legal positivism, and Austin does a good job arguing his case. There are some issues but other positivists have sorted them out in later works. Read full review
Review: The Province of Jurisprudence DeterminedUser Review - Goodreads
95% of this book is frustratingly repetitive and poorly written. In the other 5%, the most important point he raises is this: the government is supreme and not bounded by laws. If the government ...
absolute end actions advert aggregate analogy bulk capital departments civil commands commonly conduct Consequently delicts difference distinction distinguished Divine law enforced ethics evil example expression forbear given society habitual obedience human law hypothesis imposed independent political society jurisprudence jus gentium jus naturale law and morality Law of Persons Law of Things law set laws or rules laws properly lectures legal rights matter meaning ment merely nations nature neral objects obligations original covenant pact party perly pernicious political and independent political government political superiors positive law positive moral rules principle of utility promise properly so called purpose quasi-contracts racter reign relative duty render rights and duties rights in rem Roman Law sanctions signified society political sove sovereign body sovereign government sovereign number sovereign or supreme sovereign powers sovereignty styled subjects subordinate suppose supreme government term tical tion vernment weal wherein writers
Page 176 - It would be in vain for one intelligent being to set a rule to the actions of another, if he had it not in his power to reward the compliance with, and punish deviation from his rule, by some good and evil that is not the natural product and consequence of the action itself. For that being a natural convenience, or inconvenience, would operate of itself without a law.
Page 139 - Every positive law, or every law simply and strictly so called, is set by a sovereign person, or a sovereign body of persons, to a member or members of the independent political society wherein that person or body is sovereign or supreme. Or (changing the expression) it is set by a monarch, or sovereign number, to a person or persons in a state of subjection to its author.
Page 190 - Omnes populi, qui legibus et moribus reguntur, partim suo proprio, partim communi omnium hominum jure utuntur. Nam quod quisque populus ipse sibi jus constituit, id ipsius proprium civitatis est, vocaturque jus civile, quasi jus proprium ipsius civitatis.
Page 188 - Jus naturale est, quod natura omnia animalia docuit: nam jus istud non humani generis proprium, sed omnium animalium, quse in terra, quae in mari nascuntur, avium quoque commune est.
Page 180 - I think I may say, that he who imagines commendation and disgrace not to be strong motives to men, to accommodate themselves to the opinions and rules of those with whom they converse...
Page 178 - Thus the measure of what is everywhere called and esteemed " virtue" and " vice," is this approbation or dislike, praise or blame, which by a secret and tacit consent establishes itself in the several societies, tribes, and clubs of men in the world, whereby several actions come to find credit or disgrace amongst them, according to the judgment, maxims, or fashions of that place.
Page 178 - For though men uniting into politic societies have resigned up to the public the disposing of all their force, so that they cannot employ it against any fellow-citizens, any farther than the law of the country directs; yet they retain still the power of thinking well or ill, approving or disapproving of the actions of those whom they live amongst, and converse with: and by this approbation and dislike they establish amongst themselves what they will call virtue and vice.
Page 176 - The laws that men generally refer their actions to, to judge of their rectitude or obliquity, seem to me to be these three: 1. The divine law. 2. The civil law. 3. The law of opinion or reputation, if I may so call it.
Page 2 - Of the laws or rules set by men to men, some are established by political superiors, sovereign and subject: by persons exercising supreme and subordinate government, in independent nations, or independent political societies.
Page 7 - Concisely expressed, the meaning of the correlative expressions is this. He who will inflict an evil in case his desire be disregarded, utters a command by expressing or intimating his desire: He who is liable to the evil in case he disregard the desire, is bound or obliged by the command.
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