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1) Law is the command of a sovereign backed by a sanction
2) The sovereign is the person/people who is/are habitually obeyed and are not in the habit of obeying anybody else
The law as it is/the law as it should be
Bentham and Austin
There are overlaps between law and what we believe to be morally acceptable
There are key differences: morals are not subject to deliberate change
While the law does not derive from morals, it can be evaluated by them
Legal positivism v natural law
Purely descriptive?
'impose duties' and 'concern actions involving physical movement or changes'
'confer powers, private or public' and 'lead...to the creation or variation of duties or obligations'. (Hart, 81)
Although in some situations you may be obliged to do something, your carrying out an action cannot also be described as an obligation.