Early Positivists: Bentham, Austin and the “Command” Thesis [No. 86 LECTURE]

What is “Positivism” and what are the origins of the theory? Professor Eric Claeys explains how Positivism was a reaction to the Common Law of Blackstone, and how the work of Jeremy Bentham and John Austin brought the new theory to prominence. Learn more at fedsoc.org/no86.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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🎯 Key Takeaways for quick navigation:
00:00 🎙️ This lecture discusses classical and modern Jurisprudence, featuring Eric Claeys, Professor of Law at George Mason University.
00:56 📜 Positivists believe that the acceptance of a directive is the key criterion to determine if it is a law, regardless of its justice. Non-positivists argue that law must also be tied to justice.
02:42 🏛️ Positivism arose as a reaction to the idea of natural law, which was prevalent throughout the Middle Ages but faced challenges in the 17th century, especially from consequentialist and utilitarian thinkers.
07:20 🔎 Jeremy Bentham and John Austin are key figures in promoting positivism in jurisprudence. Bentham criticized Blackstone's conservative approach, while Austin's Command Theory defined law as a command issued by a sovereign.
16:59 🛑 Positivism faces challenges in cases of extremely unjust laws like the Nazi extermination order. Natural law proponents argue that a theory of law must account for both the positivist notion of acceptance and the just nature of law.
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