1. The Identity of Law
Austin: Positivist Identity of law: what makes the law the law Law (is) = Rules + (issued by a) Sovereignty. Rules = General Commands A command is an expression of a wish backed by a threat to inflict an evil (=sanction, like telling the child to get the toy is not a command unless it is backed by a threat) in case the wish is not fulfilled, issued by someone who is willing and able to act on the threat. All commands impose obligations. But only the general rules and commands. Eg: Prohibition of importation of corn is a rule, but one that prohibits the importation of a specific shipment of ...
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- Grade Level: High School