 In contrast to his mentor Bentham, Austin, in his early lectures, accepted judicial lawmaking as “highly beneficial and even absolutely necessary” (Austin, 1832: Lecture V, p. 163). Nor did Austin find any difficulty incorporating judicial lawmaking into his command theory: he characterized that form of lawmaking, along with the occasional legal/judicial recognition of customs by judges, as the “tacit commands” of the sovereign, the sovereign’s affirming the “orders” by its acquiescence (Austin 1832: Lecture 1, pp. 35–36). It should be noted, however, that one of Austin’s later lectures listed the many problems that can come with judicial legislation, and recommended codification of the law instead (Austin 1879: vol. 2, Lecture XXXIX, pp. 669–704).