The Province of Jurisprudence Essay

Submitted By phurst0823
Words: 740
Pages: 3
Open Document
After reading The Province of Jurisprudence Determined, John Austin stated “Now, to say that human laws which conflict the Divine law are not binding, this is to say, are not laws, is to talk stark nonsense”(Readings, 176-177). What does he mean by that? When going by the definition of the word stark, it means complete; put complete and nonsense together, and you have what he means. Austin does not agree that laws can just be ignored because of one's beliefs in God. He mentions the even the most pernicious laws have been enforced as laws by judicial tribunes; even though they are opposed to the will of God(Readings, 177). He continues to point out that someone who does, indeed, follow the beliefs of Blackstone, he/she would still be accountable for said crime and would face whatever consequence the crime carries; even up to death. Blackstone believes that no human law should override the will of God. Meaning that if a Human law, sovereign, or command, that goes against the will of God should not have validity. Blackstone states”Man…must necessarily be subject to the laws of his Creator, for he is entirely a dependent being…And, consequently, as man depends upon his Maker for everything, it is necessary that he should in all points conform to his Maker’s will.” (http://www.doxologists.org/william-blackstone/). I believe Blackstone's response would be that of what I just referenced. He believed no human law that did not support will of God, should not be supported and that he would not oblige by it; regardless of the outcome.

John Austin states”Every law or rule is a command. Or, rather, laws or rules, properly so called, are a species of commands”(Readings, 174). He also states “A law is a command which obliges a person or persons. But, as contradistinguished or opposed to an occasional or particular command, a law is a command in which obliges a person or persons, and obliges generally to acts or forbearances of a class. In language more popular but distinct and precise, a law is a command which obliges a person or persons to a course of conduct”(Readings, 175). John Austin believes that you have a sovereign that people obey, but nobody in particular. He even states “that whoever can oblige another to comply with his wishes, is the superior of that other, so as the ability reaches The party who is obnoxious to the impeding evil, being, to that same extent, the inferior”(Readings, 175). Would this work for us here? I say no because we currently use a system, which we the people, select representatives to carry out our wishes and then we are held accountable by direct powers to be. In Austin's view, we would have a hard time knowing who was in charge. I found this that I believed presents Austin's views very well. It states “Within
Show More

Related Documents: The Province of Jurisprudence Essay

Stansberry Scott Unit 4 Writing Assignm Essay

Empire. He experienced an emergence of what he believed to be secular, western-influenced governments in the Middle East, and efforts of the creation of a Jewish state in Palestine. Sayyid Qutb had a relatively normal childhood growing up in Asyut Province, Egypt. He attended the western-styled university, Dar al-Ulum where he met the Muslim Brotherhood founder – Hasan al-Banna. Banna influenced Qutb that Egypt, and Islam as a whole, needed to recommit to the followings of Shari’a Law. Qutb became…

Words 1089 - Pages 5

Brown Vs Board Of Education Case Analysis

Supreme Law, Supreme Body Brown v. Board of Education creates a lot of conflict for both modern liberals and conservatives on the Court. Brown was loaded with questions of morality, constitutional jurisprudence, and judicial philosophy. For liberals, the case presents a problem because it was not founded on any clear constitutional provisions and seemed to be a stretch even for modern judicial activists. For conservatives, the desire to adjudicate according to the provisions of the Constitution…

Words 655 - Pages 3

Appointments To The Supreme Court Of Canada Essay

Supreme Court Act states that “at least three of the judges shall be appointed from among the judges of the Court of Appeal or of the Superior Court of the province of Quebec or from among the advocates of that province”.9 This section clearly states that nominees must be current members of the Court of Appeal or the Superior Court of the province of Quebec.10 At the time of his appointment, Justice Marc Nadon was a justice of the Federal Court of Appeal, a Federal Court, making him ineligible to be…

Words 3034 - Pages 13

Safavids and Armenia Through Governanc Essay

posts of cities and towns in the earlier Safavid Dynasty. They were given the duty to rule their provinces like petty shahs on their own province, but had to keep an army that was ready and provide the Shah with military assistance when needed. The Qizilbash generals were also reminded that they should appoint a lawyer, or a Vakil, who would let the head government know about issues in their province. A local sheriff was selected by the Shah, rather than the choice of the people. He was role was…

Words 1765 - Pages 8

Introduction Law Society 2 Essay

Business Law and Ethics Comm 315 Introduction: Law and Society (Chapters 1 & 3) © Benito Aloe, Attorney B.A., LL.L. 14-­‐12-­‐29 Benito Aloe, Business Law and Ethics 1 Business Law and Ethics • The content of these slides is copyright protected and owned by their author, namely myself; • The slides are provided to individual students exclusively for academic and study purposes; • Consequently, they cannot be published or otherwise shared with any other person without…

Words 2453 - Pages 10

Perso-Islamic Synthesis Essay

The purpose of this essay is to discuss the Islamization of Persia in relation to the Samanid and Buyid Dynasties. The synthesis of Persian culture and Islam was not an immediate result of the Arab expansion into Iran and there is certainly a lack of research on the subject. However, in this essay, I will attempt to explain the contributions of the Samanid and Buyid dynasties to this synthesis with a focus on the attempts of the Samanid Dynasty at centralization and a unified identity through religion…

Words 2767 - Pages 12

LS490 Unit3 Essay

Philosophers of Law LS490 – Unit 3 Casey Atkinson 5/10/15 John Austin published the Province of Jurisprudence after ending his career as a professor at London University (Murphy, 2007). In the 19th and 20th centuries’ philosophy of law was influenced by the works of Austin. Austin’s concept of law involves the correlation of commands and obedience (Murphy, 2007). Austin’s theory is based on general commands not specific commands provided to citizens to obey. These commands are provided…

Words 1719 - Pages 7

Implications For Offshore Processing In Australia

Sydney Law School Legal Studies Research Paper No. 13/53 July 2013 Implications for Offshore Processing in Australia: The Case of Plaintiff M70/2011 Stephanie Constand This paper can be downloaded without charge from the Social Science Research Network Electronic Library at: http://ssrn.com/abstract=2294823. Stephanie Constand 1 ABSTRACT In August 2012, the Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012 (Cth) (‘Migration Amendment Act 2012’) was passed by Parliament…

Words 7625 - Pages 31

History Key Terms 2 Essay

savior believed to be both God incarnate and a human being. Paul of Tarsus= Was an apostle who taught the gospel of Christ to the first-century world. Diocletian= Was a Roman emperor from 284 to 305. Born to a family of low status in the Roman province of Dalmatia, Diocletian rose through the ranks of the…

Words 2376 - Pages 10

Law 12 Notes Essay

draft legislation subject to approval Intra vires- legislation falls within authority Res judicata- judge decision is final. Matter adjudicated Habeas corpus- court order to determine if a person has been detained legally Chapter 2-Origins of Law Jurisprudence- means philosophy or science of law, from the Latin “juris” meaning of right or of law and “prudens” meaning skilled or learned in law. Today encompasses many aspects of law including history, concepts, theories, theorists, principles and institutions…

Words 4154 - Pages 17