As John Austin describes the challenge, analytic jurisprudence seeks “the essence or nature which is widespread to all laws which are correctly so referred to as” (Austin 1995, p. 11). Accordingly, analytic jurisprudence is anxious with providing needed and enough conditions for the existence of law that distinguish regulation from non-regulation. Philosophy of legislation (or legal philosophy) is anxious with providing a common philosophical evaluation of regulation and authorized establishments. Issues within the subject range from summary conceptual questions about the nature of law and legal methods to normative questions in regards to the relationship between legislation and morality and the justification for varied legal establishments.
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On Austin’s view, a rule R is legally valid (that’s, is a legislation) in a society S if and provided that R is commanded by the sovereign in S and is backed up with the threat of a sanction. The … Read More