John Austin Quotes

Since the term command comprises the term law the first is the simpler as well as the larger of the two. But simple as it is, it admits of explanation. And, since it is the key to the sciences of jurisprudence and morals, its meaning should be analyzed with. precision.

The matter of jurisprudence is positive law: law, simply and strictly so called : or law set by political superiors to political inferiors.

Every positive law, or every law simply and strictly so called, is set, directly or circuitously, by a sovereign person or body, to a member or members of the independent political society wherein that person or body is supreme.

A command is distinguished from other significations of desire, not by the style in which the desire is signified, but by the power or purpose of the party to inflict an evil or pain in case the desire is disregarded.

The existence of a law is one thing, its merits or demerits is are another thing. Whether a law be, is one inquiry; whether it ought to be o whether it agree with a given or assumed test, is another and a distinct inquiry.

To the ignorant and bawling fanatics who stun you with their pother about liberty, political or civil liberty seems to be the principal end for which government ought to exist. But the final cause or purpose for which government ought to exist, is the furtherance of the common weal to the greatest possible extent.