In 1934, the Austrian philosopher Hans Kelsen continued the positivist tradition in his book the Pure Theory of Law. Kelsen believed that although law is separate from morality, it is endowed with “normativity”, meaning we ought to obey it. While laws are positive “is” statements (e.g. the fine for reversing on a highway is €500); law tells us what we “should” do. Thus, each legal system can be hypothesised to have a basic norm instructing us to obey.
- John Austin’s utilitarian answer was that law is “commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience”.
- Max Weber famously argued that the state is that which controls the monopoly on the legitimate use of force.
- Immigration law and nationality law concern the rights of foreigners to live and work in a nation-state that is not their own and to acquire or lose citizenship.
- Decisions were not published in any systematic way, so any case law that developed was disguised and almost unrecognised.
Law also raises important and complex issues concerning equality, fairness, and justice. After a successful pilot program with the University of Texas at Austin’s Title IX office, law students will continue …