"The existence of a law is one thing, its merits or demerits is are another thing. Whether a law be, is one inquiry; whether it ought to be o whether it agree with a given or assumed test, is another and a distinct inquiry."

Quote Details

Added by wikiquote-import-bot
Added on April 10, 2026
Unverified quote
0 likes
Philosophers from EnglandNon-fiction authors from EnglandJurists
Original Language: English

Sources

Variant: The existence of law is one thing; its merit or demerit is another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry. A law, which actually exists, is a law, though we happen to dislike it, or though it vary from the text, by which we regulate our approbation and disapprobation. — John Austin, Austin Lectures on Jurisprudence; or The Philosophy of Positive Law, 1873, Lecture V