This is the complete a - z note on the jurisprudence topic, you just have to go through it once and you can easily attempt the question and get A ++ grade in finals
this is a marked answer by a senior professor you just need to read it and you can even write the same just need to change it a bi...
1. Legal positivists are not a breed of persons who see things more clearly. They are persons who
wish to focus on clear things.
AS AUTIN SAID THAT LAW CANT CREATE RIGHT DIRECTLY , AND RIGHTS IS CHILD OF
DUTY OF LAW AND HAS CRITICZE BY HART , AND SAID TUM HER LAW KO DUTY
IMPOSING LAW SAMJHTY HO ETC , THIS IS ANS OF THIS
IMP 2. By using sanctions to identify proper laws, these theories identify rights not with ethical theories
but with legal powers. Thus, for Bentham, “Right… is the child of law. From real laws come real rights,
but from imaginary laws, from laws of nature, fancied and invented by poets, rhetoricians and dealers in
moral and intellectual poisons, come imaginary rights, a bastard brood of monsters.”
EK RIGHT JO SANCATION SAY PROTECT NAHI HO GA WO BASTARD HO GA .
NEED 3 PEPLE FOR CREATION OF RIGHT
SOVERIGN
DUTY (ON PROTECTING SALAM IFYOU DID THEN JAIL )
SO AUSTI NAD BETHAM GAVE TRUE MEANING TO RIGHS (DEFENSE FROM HART )
2. Does Austin say that people obey law out of fear or does he use sanctions to identify what is to
count as law?
3. 2 3 4 6 7 8 16 18 19
4. Does he say why people develop a habit obedience or again is the presence of this habit for whatever
reason, simply a means for identifying the sovereign?
5. Does the habit of obeying the rule entail its understanding? NO
6. “I observe that Dr. Paley in his analysis of the term obligation lays much stress upon the violence of
the motive to compliance. …the truth is that the magnitude of the eventual evil and the magnitude of the
chance of incurring it are foreign to the matter in question… the sanction if you will, is feeble or
insufficient but still there is a sanction and therefore a duty and a command.”
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