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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