Dworkin’s wealthy and complex arguments attracted varied strains of reply from positivists. Controversy is a matter of diploma, and a consensus-defeating quantity of it’s not proved by the existence of adversarial argument within the high courts, or certainly in any courts.
Its most important roots lie in the political philosophies of Hobbes and Hume, and its first full elaboration is due to Jeremy Bentham (1748–1832) whose account Austin adopted, modified, and popularized. For much of the subsequent century an amalgam of their views, in accordance with which legislation is the command of a sovereign backed by drive, dominated English philosophical reflection about law.
Chapter 35: Landlord and Tenant Law
In view of the normative operate of regulation in creating and imposing obligations and rights, it all the time makes sense to ask whetherlaw is simply, and the place it is found poor to demand reform. Legal techniques are due to this fact the kind of thing that’s apt forappraisal as just or unjust. It is senseless to ask whether or not a sure fugue is just or to demand that it become so. The musical requirements of fugal excellence are pre-eminently inside—a great fugue is an efficient example of its style; it ought to be melodic, fascinating, ingenious and so forth.—and the further we get from these inner standards of excellence the more various evaluative judgments about it become. While some formalists flirt with comparable ideas about regulation, this appears inconsistent with law’s place amongst human practices.
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