Tag Archives: georgetown

19Apr/20

Georgetown Law

Bentham and Austin argued for law’s positivism; that real law is totally separate from “morality”. Kant was additionally criticised by Friedrich Nietzsche, who rejected the principle of equality, and believed that law emanates from the need to energy, and can’t be labeled as “moral” or “immoral”. Definitions of law often increase the query of the extent to which law incorporates morality. John Austin’s utilitarian answer was that law is “instructions, backed by risk of sanctions, from a sovereign, to whom people have a behavior of obedience”. Natural attorneys on the opposite side, similar to Jean-Jacques Rousseau, argue that law reflects basically ethical and unchangeable legal guidelines of nature. The idea of “pure law” emerged in historic Greek philosophy concurrently and in reference to the notion of justice, and re-entered the mainstream of Western tradition by way of the writings of Thomas Aquinas, notably his Treatise on Law.

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