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...
John Austin's wife wrote that he lived 'a life of unbroken disappointment and
failure'
Finally, he offered a way of looking at law that made legislation central rather
than peripheral. Thus, his legal theory recognised the reality of the modern state
as a massive organisation of power.
It seemed in tune with modern circumstances in which government, not
community, was the apparent source of law.
It has even been suggested that Austin's five years of army service coloured his
parade-ground view of law as negatively sanctioned command
Hart kay power conferring rules hap 3 ka answer is on page 57 58 of cotereal
Sanctions
Austin's governmental view of law is also reflected clearly in the emphasis he
attaches to punitive sanctions in the structure of a law. Since sanctions are
essential to the existence of commands, they are, for Austin, essential to the
existence of laws.
Such claims are 'foreign to the matter in question' (1832: 23). The role of
sanctions in the definition of law is purely formal.
NULITY IS SANCTION COTTERAL TELLS TO HART THAT AUSTIN WAS RIHJT
IF A BILL NULLIFY MINISTER FEEL ASHAM THAT A ASANCATION AS
SANCTION AS PER AUTIN CAN BE LEAST EVIL
Laws, by their nature, provide for sanctions. Sanctions are anafyticalfy essential
to laws, whether or not they are sociologically necessary.
Equally, since any disadvantage (the smallest threat of the smallest evil) is enough
to constitute a sanction if it is directly or indirectly provided for by law, the
difference in the character of sanctions (for example, the nullity of a transaction as
against the requirement to pay a fine or monetary compensation) is not
anafyticalfy important either in this particular context (though, of course, it may
be of considerable sociological, political or other interest).
It is absurd to seek sanctions attaching to the power holder w i t h r e g a r d t o t h
e p o w e r - c o n f e r r i n g e l e m e n t i t s e l f that is, the element of freedom
to act. But Austin's theory enables us to see where, in his view, the relevant
sanctions lie.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller zainubgillani. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $5.39. You're not tied to anything after your purchase.
