Another instance is in the 19th-century English case of R v Dudley and Stephens, which examined a defence of “necessity”. Three crew members and Richard Parker, a 17-year-old cabin boy, had been stranded on a raft. They argued it was necessary to kill the cabin boy to preserve their own lives. Writing within the early 20th century, Max Weber believed that a definitive feature of a developed state had come to be its bureaucratic support. The government in a legal system serves as the centre of political authority of the State.
Therefore, Schmitt advocated a jurisprudence of the exception , which denied that legal norms might embody all the political experience. Definitions of law usually raise the query of the extent to which law incorporates morality. John Austin’s utilitarian reply was that law is “commands, backed by menace of sanctions, from a sovereign, to whom people have a behavior of …