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Austin and Bentham

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Austin and Bentham
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  • The duty element is crucial. Resistance to various orders issued by authorities often necessitates enforcement by the sovereign. My approach embraces this variety, including permissions alongside commands, thereby offering a more adaptable understanding of law.
  • Indeed, while sovereignty and the adoption of orders are essential in my defination, I might need to reconsider the terminology to better align with the conventional understanding of commands and their emergence
  • Fexibility in understanding the sources and types of orders is key to a comprehensive view of law. The diverse oridins of legal rules contribute significantly to the authority of legal acts.
  • Bentham's approach appears more flexible and inclusive, encompassing permissions and various orders under the umbrella of law. Austin's concept acknowledges the emergence of rules but might require refinement in the explanation of these emergent legal normswithout deviation from the traditional notion of a command.
  • I concur. Acknowledging emergent rules while maintaining the essence of commands is vital. Refinement in the terminology might offer a clearer understanding within the framework of legal commands.
  • Your accounthe balance between acknowledging the sovereignty of commands and the emergence of legal rules while respecting the conventional understanding of commands remains a focal point for a more comprehensive perspective on law and sovereignity.
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