An old master, and other political essays — John Shaqi
An old master, and other political essaysWilson, Woodrow
Science
An old master, and other political essays
Wilson, Woodrow
Political science; Smith, Adam, 1723-1790; United States -- Politics and government
Austin’s logic is unrelenting, and the loyalty of his followers
unflinching. Sir Henry Maine having shown that throughout the greater
part of history the world has been full of independent political
societies possessing no law-making sovereign at all, and it having
become notorious that legislation has everywhere played a late and
comparatively subordinate part in the production of law, the latest
writers of the Austinian school have reduced jurisprudence to a merely
formal science, professing to care nothing for the actual manner in
which law may originate, nothing even for most of the motives which
induce men to obey law, provided you will but concede that there is,
among a great many other imperative motives, one which is universally
operative, namely, the fear of the compulsion of physical force, and
that there is at least one sovereign function, namely, the application
of that physical force in the carrying out of the law. They ask to be
allowed to confine themselves to such a definition of positive law as
will limit it to “rules which are _enforced_ by a political superior in
his capacity as such.” They take for their province only a systematic
description of the forms and method “of the influence of government
upon human conduct” through the operation of law. They thus virtually
abandon the attempt to find any universal doctrines respecting the
_rôle_ of government as a _maker_ of laws. For them government is not
a creative agent, but only an instrumentality for the effectuation of
legal rules already in existence. So hard is the principle of life
to get at that they give over all attempts to find it, and, turning
away from the larger topics of the biology, restrict themselves to the
morphology, of law.
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