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In the providence of jurisprudence, how would austin explain or account for the idea that there is a moral obligation tob obey the law? Does the mere fact that something is the law supply a reason for compliance with it? Does the claim that something is the "law" or is "lawful" carry with it any moral or normative connotation?

2007-02-17 14:24:24 · 3 answers · asked by question marc??? 1 in Politics & Government Other - Politics & Government

3 answers

According to John Austin, absolutely yes. He was a strict contortionist to the law and obiding by it. He was also a utilitarian... greatest good for the greatest number which is not what the USA is... we prize ourselves on recognizing the rights of the one.

He stated the fact that someone is law.. yes because of that fact it must be complied with.

"He believed the matter of jurisprudence is positive law: law simply and strictly so called: or law set by political superiors to political inferiors. "

and

"A law, in the most general and comprehensive acceptation in which the term, in its literal meaning, is employed, may be said to be a rule laid down for the guidance of an intelligent being by an intelligent being having power over him"

2007-02-17 17:56:45 · answer #1 · answered by BeachBum 7 · 0 0

Obeying the law of the land is a legal and patriotic issue. It is not a moral one. You might decide not to obey the law out of MORAL imperatives, e.g. not a obey a law that says that you are to report every Jew that is hiding during the Nazi occupation. In that case you are breaking a law, but you are following your moral convictions to help fellow human beings.

2016-03-29 00:48:00 · answer #2 · answered by Anonymous · 0 0

People has the moral obligation to obey laws so that there will be order in the society and chaos will be avoided.

2007-02-17 14:27:58 · answer #3 · answered by FRAGINAL, JTM 7 · 0 0

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