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What Is John Austin Articulates A Command Theory Of Law

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Foundations
PUB3-116
Audrey Bernasconi
260552083

Quiz

Professeur Daniel Weinstock
McGill Faculty of Law

Time taken: 4 hours

November 6th, 2017

1) Comment John Austin définit-il une loi ? Quel est l’un des reproches que lui adresse H.L.A. Hart ?
John Austin articulates a command theory of law: “A law is a command which obliges a person or persons and obliges generally to acts or forbearances of a class… or a course of conduct.” (The Province of Jurisprudence Determined p.18) He goes on to say that law proceeds …show more content…

(FIC p.29) Legal regimes, according to him, premise Indigenous rights on contradictory views concerning physical and philosophical mobility which he considers to be an “ironic injustice that works against Indigenous peoples” (FIC p.29) and one that impedes their ability to pursue dibenindizowin (freedom) and mino-bimaadiziwin (good life). Indeed, he explains that on the one hand, Indigenous peoples must prove that their practices are in line with preconceived ideals in order to receive constitutional protection. Unfortunately, courts often interpret practices of Indigenous peoples and deem them to be too mobile or unsettled to claim or prove rights. By way of example, Borrows explains that the Supreme Court of Canada has held that certain Indigenous peoples were too nomadic to claim title to their homelands (FIC p.29). Their way of life is construed as them abandoning their lands, traditions and freedoms. “Laws are devised to limit our movements and to foster confinement within ever-diminishing spaces,” (FIC p.27) Borrows

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