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Lecture V.

Published online by Cambridge University Press:  02 December 2009

Wilfrid E. Rumble
Affiliation:
Vassar College, New York
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Summary

the term law, or the term laws, is applied to the following objects: – to laws proper or properly so called, and to laws improper or improperly so called: to objects which have all the essentials of an imperative law or rule, and to objects which are wanting in some of those essentials, but to which the term is unduly extended either by reason of analogy or in the way of metaphor.

Strictly speaking, all improper laws are analogous to laws proper: and the term law, as applied to any of them, is a metaphorical or figurative expression.

For every metaphor springs from an analogy: and every analogical extension given to a term is a metaphor or figure of speech. The term is extended from the objects which it properly signifies to objects of another nature; to objects not of the class wherein the former are contained, although they are allied to the former by that more distant resemblance which is usually styled analogy. But, taking the expressions with the meanings which custom or usage has established, [there is a difference between an employment of a term analogically and a metaphor.

Analogy is a species of resemblance. The word resemblance is here taken in that large sense, in which all subjects which have any property in common, are said to resemble.

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Publisher: Cambridge University Press
Print publication year: 1995

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  • Lecture V.
  • John Austin
  • Edited by Wilfrid E. Rumble, Vassar College, New York
  • Book: Austin: The Province of Jurisprudence Determined
  • Online publication: 02 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511521546.012
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  • Lecture V.
  • John Austin
  • Edited by Wilfrid E. Rumble, Vassar College, New York
  • Book: Austin: The Province of Jurisprudence Determined
  • Online publication: 02 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511521546.012
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Lecture V.
  • John Austin
  • Edited by Wilfrid E. Rumble, Vassar College, New York
  • Book: Austin: The Province of Jurisprudence Determined
  • Online publication: 02 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511521546.012
Available formats
×