After determining the general definition of law or rule, Austin proceeds to distinguish human made law from divine law. As one might expect, he characterises the divine law as decreed by God. Duties toward divine law are then religious duties and violations of those duties are sins. Like all violations, sins lead to sanctions – religious sanctions – which God should inflict in this life or in the life beyond.
Austin divides divine law into revealed law and unrevealed law. Revealed law should be based on the express commands of God. Then again, unrevealed law, although given by God, should not be based on their express command. In fact, Austin says, unrevealed divine law is what is often called natural law and should be followed by all human beings, no matter whether they have heard divine commands. The problem is, how human beings become aware of the unrevealed divine law.
Austin thinks there are only two theories for the criterion of the unrevealed divine law. First of these theories, he says, states that all human beings have universal sentiments for approving certain actions and disapproving others. This moral feeling or conscience is, according to this theory, given to humans by God, for the purpose of discerning what God has commanded.
The other theory, Austin continues, is that the natural law must be discovered through reason, with the aid of the principle of general utility. Austin is here basing utilitarianism in the benevolence of God, who wants the happiness of all sentient creatures and has thus decreed that they should do things increasing general happiness and avoid things decreasing it.
Austin explains that the principle of general utility is meant to be applied to general tendencies: what would be the result for the general happiness of humankind, if an act of certain kind would be generally done or avoided? Thus, although an action would as such increase the happiness of humankind – say, when a poor person steals something from a rich person, who doesn’t even notice the theft – the action would still be forbidden, because universal permission of thievery would make the whole institution of property impossible. On the other hand, although punishment as an individual action is detrimental to human happiness, it is useful as a foundation of a general system of laws. Hence, Austin concludes, God’s commands are, for the most part, general rules that are to be followed with no exception.
Austin notes a common objection to utilitarianism: if we really had to make precise calculations whether an action contributed to the general happiness of humanity, we would never have time to act, since such deliberation would be too difficult. Austin answers, firstly, by noting that if we do not have any immediate moral sense, as suggested by the first theory, this deliberation is our only possibility to find out the divine commands. Secondly, he notes that the deliberation is meant only for testing general rules of action, which can then be applied without a moment’s notice. Furthermore, Austin adds, we do have sentiments for these rules – for instance, we hate thievery – which provide immediate motives for our actions.
Austin admits that in some cases the general rules do not show us the best course of action. For instance, it is usually beneficial to follow one’s government, since anarchy is so detrimental to human happiness. Yet, in some cases the government itself might be of so great detriment to the happiness of its subjects that a revolution is in order. In such a case, Austin concedes, a deliberation about this specific action must weigh more than a deliberation about the general rule. In these cases the deliberation would take time, as supposed by the objection against the utilitarianism, but Austin considers this good, since one should not lightly act against general rules.
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