They recognize that there are standards that designate certain people as having special status and they deem these standards to be legitimate. " you were supposed to clear your room because your mother told you so". sovereignty thus must be conferred by norms else it would not be sovereignty.
Severing the connection between obligation and ought is disastrous. Statements that deploy purely descriptive concepts cannot be used for justification and evaluation. When we tell people they are obligated, we are trying to give them a reason. But, all that is required according to Austin is obedience of habit.sovereign to tell people what they are obliged to do.
10. No morality in law, based on social facts.
11. It is based on power of superior. It equates legal authority with physical power to demand disobedience.
Merits:.
Easy to explain- Analysis of law in non legal terms which shows how legal concepts can be analysed with more basic notions. .
Finnis.
He says that there are 7 "goods" which exists for human flourishing and which are in way or another used by everyone to be realized when considering what to do. One of them is practical reasonableness which is a type of reasoning used in order to make decisions about how to act and how to order our lives. With this reasoning one formulates a moral standard. (morally wrong and right) So, practical reason is fundamental to the concept of natural law. In order for there to be a connection between practical reason and natural law, the standard of practical reasonableness must be universal and natural. .
Positivism and natural law:.
Finnis says positive law is necessary medium for the expression of natural principles and development of a communal environment in which the "goods are attainable. Natural law provides a criteria for deriving and evaluating laws in a legal system. So, natural law isn't trying to give a moral justification to every law, but is there to elaborate on "reason".
