{"id":52001,"date":"2019-09-08T15:43:33","date_gmt":"2019-09-08T10:13:33","guid":{"rendered":"https:\/\/blogadmin.forumias.com\/?page_id=52001"},"modified":"2019-09-08T15:43:41","modified_gmt":"2019-09-08T10:13:41","slug":"answered-in-light-of-john-austin-positive-theory-of-law-discuss-how-law-in-its-essential-nature-differs-from-moral-and-religious-principles","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/answered-in-light-of-john-austin-positive-theory-of-law-discuss-how-law-in-its-essential-nature-differs-from-moral-and-religious-principles\/","title":{"rendered":"[Answered] In light of John Austin positive theory of law, discuss how Law in its essential nature differs from moral and religious principles."},"content":{"rendered":"\n
Demand of the question<\/strong>
Introduction.<\/strong> Contextual Introduction.
Body. <\/strong>Austin theory\u2019s main features. Similarities and differences in law and moral and religious beliefs.
Conclusion. <\/strong>Way forward. <\/td><\/tr><\/tbody><\/table>\n\n\n\n

John Austin propounded a positive theory of law. Positivism in legal theory means that a law is a legal rule and if passed according to prescribed procedure, law is valid irrespective of its content. In other words, as long as an elected legislature (in modern democracy) debates and passes the law, everyone must follow it. According to him Law differs from moral and religious principles and should be followed once law is enacted.<\/p>\n\n\n\n

Austin theory main features\nare:<\/strong><\/p>\n\n\n\n

  1. Law is a command from a sovereign (legislature\nor king or ruler). The sovereign is the person or body whom others habitually\nobey, and who does not obey others.<\/li>
  2. The people are in the habit of obeying a ruler.<\/li>
  3. Law is reinforced by sanction or punishment. Put\nsimply, laws are orders backed by threats.<\/li>
  4. A law, therefore, is the expressed wish of the\nsovereign and can be distinguished from other commands.<\/li><\/ol>\n\n\n\n

    The significance of the above theory\nlies in its exclusion of moral or normative elements from the conception of\nlaw. People speak about law as a duty or obligation placed on citizens. But Austin\u2019s\npositive view of law fails to explain some parts of law.<\/p>\n\n\n\n

    How law differs from moral and\nreligious beliefs?<\/strong><\/p>\n\n\n\n

    1. Law is essentially a set of rules and principles\ncreated and enforced by the state whereas morals and religion are a set values\nand principles and behaviour standards which are enforced and created by\nsociety.<\/li>
    2. Law regulates and controls the external human\nconduct. It is not concerned with inner motives. <\/li>
    3. Legal rules are being created by the legislative\ninstitution of parliament whereas the moral and religious beliefs evolve with time\nand through society and are the standards which society in general accepts and\npromotes.<\/li>
    4. Some laws mirror the majority of society\u2019s moral\nview, for example, dowry is wrong but the triple talaq is seen by some people\nas morally wrong and society is divided.<\/li>
    5. The existence of unjust laws (such as those\nenforcing slavery) proves that morality and law are not identical and do not\ncoincide.<\/li>
    6. Laws govern conduct at least partly through fear\nof punishment. Morality and religious beliefs, when it is internalised governs\nconduct without compulsion. The virtuous person does the appropriate thing\nbecause it is the fine or noble thing to do.<\/li><\/ol>\n\n\n\n

      How moral and religious\nbeliefs influence and are part of laws?<\/strong><\/p>\n\n\n\n

      1. Laws, to be effective, must represent the moral\nideas of the people. But good laws sometimes serve to rouse the moral\nconscience of the people and create and maintain such conditions as may\nencourage the growth of morality.<\/li>
      2. The\nexistence of laws that serve to defend basic values such as laws against\nmurder, rape, fraud, bribery, etc. prove that the law can work together with\nmoral beliefs.<\/li>
      3. Law and morality are intimately related to each\nother. Laws are generally based on the moral principles of society. Both\nregulate the conduct of the individual in society.<\/li>
      4. In ancient India, the term Dharma connoted both\nlaw and morality. Law, it is pointed out, is not merely the command of the\nsovereign, it represents the idea of right or wrong based on the prevalent\nmorality of the people.<\/li>
      5. Obedience to law depends upon the active support\nof the moral sentiments of the people. Laws which are not supported by the\nmoral conscience of the people are liable to become dead letters. <\/li><\/ol>\n\n\n\n

        Laws are generally based on the moral principles of a particular society. Both law and morality imply human freedom. Law and Morals act and react upon and mould each other. Both try to achieve public welfare and right conduct.<\/p>\n","protected":false},"excerpt":{"rendered":"

        Demand of the question Introduction. Contextual Introduction. Body. Austin theory\u2019s main features. Similarities and differences in law and moral and religious beliefs. Conclusion. Way forward. John Austin propounded a positive theory of law. Positivism in legal theory means that a law is a legal rule and if passed according to prescribed procedure, law is valid… Continue reading [Answered] In light of John Austin positive theory of law, discuss how Law in its essential nature differs from moral and religious principles.<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":49132,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"closed","template":"","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"class_list":["post-52001","page","type-page","status-publish","has-post-thumbnail","hentry","entry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/52001","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=52001"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/52001\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media\/49132"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=52001"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}