b) Critically evaluate the views of Austin and Hart as to why people abide by the law.
It is fair to say that people generally follow the rules of the law. However, it is often questioned why people abide by the law? This question is one which has proved to be highly controversial. Many individuals have attempted to answer this difficult question. John Austin and H.L.A. Hart are two very renowned positivists who attempted to address this issue. Austin strongly believed that people follow laws simply because the law is a set of rules laid down by a sovereign which are backed up by a sanction. He presented his ideas through the Command Theory. However, Hart took a very different view on the issue and he criticised Austin’s theory. Hart attempted …show more content…
Austin described a sanction as ‘some harm, pain, or evil that is conditional upon the failure of a person to comply with the wishes of the sovereign.’ So, failure to comply with the law would result in consequences, and it is these consequences which Austin believed urges people to abide by the law. For example, a command given by a sovereign may be a speed limit of 30 mph on a road. If someone was to exceed this speed limit then they would be subject to a sanction, which in this instance could take the form of a speeding fine or license points. So, we can clearly see that Austin believes that the motive for obedience derives from a fear of punishment for …show more content…
Hart believed that people comply with the law because it is a rule and people generally accept that they ought to act in accordance with these rules and he disagreed that this was down to a mere habit of obedience. Hart demonstrated the difference between a habit and following a rule. He noted that deviating from a habit would not necessarily lead to criticism. For example, a habit could be having a particular coffee every morning, if someone was to pick a different coffee one morning they would not be subject to criticism. Hart understood that people would be under social pressure to follow the law and he believed people follow laws to avoid criticism. Hart highlighted this
It is fair to say that people generally follow the rules of the law. However, it is often questioned why people abide by the law? This question is one which has proved to be highly controversial. Many individuals have attempted to answer this difficult question. John Austin and H.L.A. Hart are two very renowned positivists who attempted to address this issue. Austin strongly believed that people follow laws simply because the law is a set of rules laid down by a sovereign which are backed up by a sanction. He presented his ideas through the Command Theory. However, Hart took a very different view on the issue and he criticised Austin’s theory. Hart attempted …show more content…
Austin described a sanction as ‘some harm, pain, or evil that is conditional upon the failure of a person to comply with the wishes of the sovereign.’ So, failure to comply with the law would result in consequences, and it is these consequences which Austin believed urges people to abide by the law. For example, a command given by a sovereign may be a speed limit of 30 mph on a road. If someone was to exceed this speed limit then they would be subject to a sanction, which in this instance could take the form of a speeding fine or license points. So, we can clearly see that Austin believes that the motive for obedience derives from a fear of punishment for …show more content…
Hart believed that people comply with the law because it is a rule and people generally accept that they ought to act in accordance with these rules and he disagreed that this was down to a mere habit of obedience. Hart demonstrated the difference between a habit and following a rule. He noted that deviating from a habit would not necessarily lead to criticism. For example, a habit could be having a particular coffee every morning, if someone was to pick a different coffee one morning they would not be subject to criticism. Hart understood that people would be under social pressure to follow the law and he believed people follow laws to avoid criticism. Hart highlighted this