Describe Austin's "Command Theory of Law" under analytical school.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2021
Describe Austin's "Command Theory of Law" under analytical school.
Answer & Explanation:
According to Austin, law is the command of sovereign that is backed by sanction. Austin has propagated that law is a command which imposes a duty and the failure to fulfill the duty is met with sanctions (punishment). Thus, law has three main features: First is the Command; second, that it is given by a sovereign authority and third, failure to follow the law is met with punishment. Command is an expression of wish or desire of an intelligent person, directing another person to do or to forbear from doing some act, and the violation of this wish will be followed by evil consequences on the person so directed. In Austin's theory, sovereign is politically superior. He has defined sovereign as an authority that receives habitual obedience from the people but itself does not obey some other authority habitually. According to Austin, the sovereign is the source of all laws. Sanction should not also be confused with a reward that might be on offer if a given conduct is followed or refrained from. Reward confers a positive right whereas a sanction is a negative consequence.
Topics: Jurisprudence
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