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The existence of a law is one thing, its merits or demerits is are another thing. Whether a law be, is one inquiry; whether it ought to be o whether it agree with a given or assumed test, is another and a distinct inquiry.

— John Austin The Province of Jurisprudence Determined (1832)

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Notes from Wikiquote

John Austin, Austin Lectures on Jurisprudence; or The Philosophy of Positive Law, 1873, Lecture V

Variants

/ The existence of law is one thing; its merit or demerit is another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry. A law, which actually exists, is a law, though we happen to dislike it, or though it vary from the text, by which we regulate our approbation and disapprobation.

More quotes by John Austin

The matter of jurisprudence is positive law: law, simply and strictly so called : or law set by political superiors to political inferiors.

The Province of Jurisprudence Determined (1832)

Every positive law, or every law simply and strictly so called, is set, directly or circuitously, by a sovereign person or body, to a member or members of the independent political society wherein that person or body is supreme.

The Province of Jurisprudence Determined (1832)

The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry.

The Province of Jurisprudence Determined (1832)

A command is distinguished from other significations of desire, not by the style in which the desire is signified, but by the power or purpose of the party to inflict an evil or pain in case the desire is disregarded.

The Province of Jurisprudence Determined (1832)

Since the term command comprises the term law the first is the simpler as well as the larger of the two. But simple as it is, it admits of explanation. And, since it is the key to the sciences of jurisprudence and morals, its meaning should be analyzed with. precision.

The Province of Jurisprudence Determined (1832)

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Attribution

Quote text and notes from Wikiquote: John Austin (page history), available under CC BY-SA 4.0. Source quality and labels are our own summary of what Wikiquote records.