What is the difference between positive law and positive morality according to John Austin on positivism?

According to John Austin, positive law refers to the laws that are actually enacted and enforced by a political authority, such as a government. Positive law is based on the commands of a sovereign authority and is enforced through sanctions.

On the other hand, positive morality refers to the moral rules and principles that are accepted and followed by a society or community. Positive morality is based on social norms, customs, and traditions, rather than on the commands of a political authority.

In summary, the main difference between positive law and positive morality, according to John Austin, is that positive law is based on the commands of a political authority, while positive morality is based on the moral rules and principles accepted by a society.

Positive Law vs. Positive Morality According to John Austin

According to John Austin's positivism, there is a distinction between positive law and positive morality.

Positive Law:

- Law actually enacted by a sovereign body (e.g., parliament, government)
- Enforceable by sanctions (e.g., fines, imprisonment)
- Focused on external conduct
- Derived from the command of a superior authority

Positive Morality:

- Unofficial rules or norms that are widely accepted within a society
- Not formally enacted or enforced by sanctions
- Concerned with both external conduct and internal beliefs
- Based on customs, habits, and principles of right and wrong

Key Differences:

- Source: Positive law comes from the command of a sovereign authority, while positive morality comes from societal acceptance.
- Enforcement: Positive law is enforceable by sanctions, while positive morality is not.
- Scope: Positive law focuses on external conduct, while positive morality also includes internal beliefs.
- Origin: Positive law is created deliberately, while positive morality evolves gradually over time.

Overlap and Distinction:

While positive law and positive morality are distinct, they often overlap. For example:

- Some positive laws may be based on moral principles (e.g., laws against murder).
- Some positive moral norms may be incorporated into laws (e.g., the obligation to respect human life).

However, Austin emphasizes that the distinction between law and morality is crucial for understanding the nature of law. He argues that law is a system of rules that are imposed and enforced by a sovereign authority, and that morality is a matter of personal opinion and conscience.

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