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5 Cards in this Set
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- Back
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Legal Positivism
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Law is not some set of set of principles derivable by reasoning from the nature things. In fact there exists a difference between what we perceive the law to be and what we think it is reasonable for it to be.
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Command Theory
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A version of legal positivism that held law as the commands of political superiors of the state sovereign.
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Logic of will
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Bentham thought all law could be seen as either commanded and prohited or not. If it was then it was the subject of a legal duty.
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Command
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1)A wish or desire conceived by a rational being, that another rational being shall do or forebear. 2)An evil to proceed from the former, and to be incurred by the latter, in case the altter not comply with the wish. 3)An expression or intimation of the wish by words or other signs.
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Positive morality
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General commands of non-sovereigns and rules supported by public opinion which are not commands of anyone.
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