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philosohpy
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1A) 1B) 1C) John Austin’s definition of law is a theory called the command theory. Austin’s command theory, defines a law in four elements. The first element of Austin’s law is that the law is commanded. The second element is that the command comes from a sovereign. The third element states that these commands from the sovereign must be enforced by sanctions. The fourth and final element of Austin’s definition is that there must be a habit of obedience in society. According to Austin, none of the first three elements matter unless there is a habit of obedience in society. Austin’s elements of law differ from Aquinas in that Austin more strongly believes in the absolute authority of a sovereign in governing a society, whereas Aquinas tends to believe the sovereign is less important and 1D) 1E) A rule of recognition according to Hart is a rule that everyone in society is aware of, just a simple common rule accepted by society as a whole.
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Title: philosohpy
Words: 551 Rating: None Pages: 2.2 submitted by: jimmy456
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