80 Years On, We Must Continue to Keep the Memories of Holocaust Survivors Alive

"How many of you have known, or met, or listened to a Holocaust survivor?" I recently asked the Cornell University undergraduates in my class on antisemitism in the courts and in jurisprudence. All 16 hands went up. "You are the last generation," I then told them, "to have had that privilege."

Over the course of the past 80 years, ever since the Red Army liberated the Auschwitz-Birkenau death camp in what had been German occupied Poland, the women, men and children who had been persecuted, oppressed, tortured, and marked for destruction as part of Nazi Germany's "Final Solution of the Jewish question" assumed the mission of telling the world how their families, their friends, and their neighbors had been murdered.

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What is Law?

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.
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