South Texas Faculty Of Law Houston
Bentham and Austin argued for law’s positivism; that real law is entirely separate from “morality”. Kant was additionally criticised by Friedrich Nietzsche, who rejected the precept of equality, and believed that law emanates from the desire to energy, and cannot be labeled as “moral” or “immoral”. Definitions of law typically elevate the query of the extent to which law incorporates morality. John Austin’s utilitarian reply was that law is “commands, backed by threat of sanctions, from a sovereign, to whom individuals have a behavior of obedience”. Natural lawyers on the other aspect, such as Jean-Jacques Rousseau, argue that law displays…