The second misconception of Utility is to confound it with a particular hypothesis concerning the Origin of Benevolence, commonly styled the _selfish system_. Hartley and some others having affirmed that benevolence is not an ultimate fact, but an emanation from self-love, through the association of ideas, it has been fancied that these writers dispute the _existence_ of disinterested benevolence or sympathy. Now, the selfish system, in its literal import, is flatly inconsistent with obvious facts, but this is not the system contended for by the writers in question. Still, this distortion has been laid hold of by the opponents of utility, and maintained to be a necessary part of that system; hence the supporters of utility are styled 'selfish, sordid, and cold-blooded calculators.' But, as already said, the theory of utility is not a theory of _motives_; it holds equally good whether benevolence be what it is called, or merely a provident regard to self: whether it be a simple fact, or engendered by association on self-regard. Paley mixed up Utility with self-regarding _motives_; but his theory of these is miserably shallow and defective, and amounted to a denial of genuine benevolence or sympathy. Austin's Fifth LECTURE is devoted to a full elucidation of the meanings of Law. He had, at the outset, made the distinction between Laws properly so called, and Laws improperly so called. Of the second class, some are closely allied to Laws proper, possessing in fact their main or essential attributes; others are laws only by metaphor. Laws proper, and those closely allied to them among laws proper, are divisible into three classes. The first are the _Divine Law_ or Laws. The second is named _Positive Law_ or Positive Laws; and corresponds with Legislation. The third he calls _Positive Morality_, or positive moral rules; it is the same as Morals or Ethics. Reverting to the definition of Law, he gives the following three essentials:--1. Every law is a _command_, and emanates from a _determinate_ source or another. 2. Every sanction is an eventual evil _annexed to a command_. 3. Every duty supposes a _command_ whereby it is created. Now, tried by these tests, the laws of God are laws proper; so are positive laws, by which are meant laws established by monarchs as supreme political superiors, by subordinate political superiors, and by subjects, as private persons, in pursuance of legal rights. But as regards Positive Morality, or moral rules, some have so far the essentials of an _imperative_ law or rule, that they are rules set by men to men. But they are not set by men as political superiors, nor by men as private persons, in pursuance of legal rights; in this respect they differ from positive laws, they are not clothed with legal sanctions.