Philosophy 499
Study questions: Austin's "A Positivist Conception of Law"
1. How does Austin explain and distinguish the following concepts?
--command
--duty (or obligation)
--sanction vs. reward
--rules vs. particular commands
--sovereign vs. subject
2. According to Austin, what is a law? How is it distinct from
a moral rule?
3. Austin takes up some examples of laws that are not easy to fit into
his definition. What
are these examples, and how does he
fit them in?
4. What do you think are the main potential problems with Austin's
view? How might he
try to address these problems?
5. Austin's view is widely understood to be a "positivist" theory of
law. What claims does
he defend here that most encourage
that conclusion?