by Tim Sommers

John Austin was cursed with famous friends, among them Jeremy Bentham, Thomas Carlyle, James Mill and Mill’s son John Stuart, whom Austin tutored in the law. Cursed because, while they were all impressed by his intellect and predicted he would go far, he did not. His nervous and depressive disposition combined with his ill-health lead to his failure as a lawyer, an academic, and as a government official. In 1832, Austin wrote The Province of Jurisprudence Determined, which almost no one read and promptly went out of print. Almost thirty years after his death, his widow published a second edition. This time, everybody read it.
Austin is considered the first positivist. Positivism is so-called because the law, on this account, is a “posit.” That is, all law is human-made, separate from morality, and identifiable as law by the details of how it came about – and (most importantly) the fact that the source of law is habitually obeyed. Positivism aspires to be an empirical approach to the law. So, Austin says laws are rules, but, empirically, are also a species of command.
Specifically, a law is a command made to a subject, or political inferior, by a sovereign, or political superior, habitually obeyed, who can back the command up with a credible threat of punishment of sanction. No law without sanction. If I offer money to whomever finds my dog, even if I am the sovereign, it’s not a law.
There are problems with this approach. First of all, it seems to apply best to criminal law – and only with retrofitting to other kinds of law. As my Constitutional law professor, Paul Gowder, used to say, despite what people think, “The law does not, primarily, tell people what they can’t do. It tells them how to do what it is that they want to do. Get married. Open a business. Drive a car. Make a will.”
Secondly, in post-monarchial society, who exactly is the sovereign? Austin himself had difficulty. He was forced to describe the British “sovereign” of the time, awkwardly, as the combination of the King, the House of Lords, and all the electors of the House of Commons.
Finally, as Hart emphasized, it’s not clear, on this account, that we can make a principled distinction between the commands of the sovereign and the commands of a criminal with a gun. Read more »

After many years as a practicing lawyer, I remain proud of what I do. Putting aside lawyer jokes, stale references to ambulance chasing and analogies with other professions that charge by the hour, I have enjoyed doing what lawyers do and I am unapologetic about it.




With its pristine rainforest, complex ecosystems and rich wildlife, Ecuador has been home to one of the most biodiverse countries on Earth. For thousands of years indigenous peoples have also lived harmoniously in this rainforest on their ancestral land. All that has now changed. Since the 1960s, oil companies, gold miners, loggers and the enabling infrastructural workers have all played their part in the systematic deforestation and destruction of this complex eco-system. Human rights abuses, health issues, deleterious effects on the people’s cultures and the displacement of people have all become part of the indigenous people’s lives. But wherever and whenever oppression, exploitation and social injustice raises its ugly head, resistance will eventually emerge, and so it is with the indigenous Waorani people of the Ecuadorian rainforest, under the leadership of Nemonte Nenquimo.




It doesn’t take a lot of effort to be a bootlicker. Find a boss or someone with the personality of a petty tyrant, sidle up to them, subjugate yourself, and find something flattering to say. Tell them they’re handsome or pretty, strong or smart, and make sweet noises when they trot out their ideas. Literature and history are riddled with bootlickers: Thomas Cromwell, the advisor to Henry VIII, Polonius in Hamlet, Mr. Collins in Pride and Predjudice, and of course Uriah Heep in David Copperfield.
There is something repulsive about lickspittles, especially when all the licking is being done for political purposes. It’s repulsive when we see it in others and it’s repulsive when we see it in ourselves It has to do with the lack of sincerity and the self-abasement required to really butter someone up. In the animal world, it’s rolling onto your back and exposing the vulnerable stomach and throat—saying I am not a threat.




Risham Syed. The Heavy Weights, 2008.
Despite the fact that Newcomb’s paradox was discovered in 1960, I’ve been prompted to discuss it now for three reasons, the first being its inherent interest and counterintuitive conclusions. The two other factors are topical. One is a scheme put forth by Elon Musk in which he offered a small prize to people who publicly approved of the free speech and gun rights clauses in the Constitution. Doing so, he announced, would register them and make them eligible for a daily giveaway of a million dollars provided by him (an almost homeopathic fraction of his 400 billion dollar fortune). The other topic is the rapid rise in AI’s abilities, especially in AGI (Artificial General Intelligence). Soon enough it will be able, somewhat reliably, to predict our behaviors, at least in some contexts.