It is perhaps hardly necessary that I should here notice the Hobbist doctrine, revived in a modified form by Austin, that ``the power of the sovereign is incapable of [legal] limitation''. For no one now maintains pure Hobbism and Austin is as far as possible from meaning that there cannot be an express or tacit understanding between Sovereign and Subjects, the violation of which by the former may make it morally right for the latter to rebel. In fact, as used by him, Hobbes' doctrine reduces itself to the rather unimportant proposition that a sovereign will not be punished for unconstitutional conduct through the agency of his own law-courts, so iong as he remains sovereign. I may take this opportunity of observing that Austin's definition of Law is manifestly unsuited for our present purpose: since a law, in his view, is not a command that ought to be obeyed, but a command for the violation of which we may expect a particular kind of punishment.

ME Book 3 Chapter 6 Section 3