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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 ...
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absolute end actions adverted aggregate analogy bulk capital departments commands commonly conduct Consequently delicts deontology determinate body distinction distinguished Divine law ethics evil example expression forbear foregoing given society habitual obedience hypothesis independent political society jurisprudence jus gentium jus naturale law and morality Law of Things law or rule law set laws properly lecture legal rights matter meaning ment merely metaphorical nations nature neral objects obligation opinion or sentiment original covenant pact party perly pernicious political and independent political government political superiors posi positive law positive moral rules principle of utility promise properly so called purpose quasi-contracts render rights and duties rights in personam rights in rem Roman Law sanctions signifies society political sove sovereign body sovereign government sovereign number sovereign or supreme sovereign powers sovereignty styled subjects subordinate suppose supreme government term theory of utility tical tion wherein writers
Page 118 - 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 162 - 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 est, vocaturque jus civile ; quasi jus proprium ipsius civitatis. Quod vero naturalis ratio inter omnes homines constituit, id apud omnes populos peraeque custoditur, vocaturque jus gentium ; quasi quo jure omnes gentes utuntur.
Page 155 - Solitude many men have sought, and been reconciled to: but nobody that has the least thought or sense of a man about him, can live in society under the constant dislike and ill opinion of his familiars, and those he converses with. This is a burden too heavy for human sufferance: and he must be made up of irreconcileable contradictions, who can take pleasure in company, and yet be insensible of contempt and disgrace from his companions.
Page 153 - 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 152 - 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 150 - Moral good and evil then is only the conformity or disagreement of our voluntary actions to some law, whereby good or evil is drawn on us by the will and power of the law-maker...
Page 118 - Every law or rule (taken with the largest signification which can be given to the term properly) is a command. Or, rather, laws or rules, properly so called, are a species of commands.
Page 173 - In order that a given society may form a society political and independent, the two distinguishing marks which I have mentioned above must unite.
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