Critically examine the statement by Austin that "Law is the command of sovereign".
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2018
Critically examine the statement by Austin that "Law is the command of sovereign".
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). According to Austin Law has three main features: It is a command. It is given by a sovereign authority. It has a sanction behind it. 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. Command requires the presence of two parties – the commander (political superior) and the commanded (political inferior). Sanction is the evil consequence that follows on the violation of a command. 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. According to Austin the sovereign does not have to obey anyone but the modern states have their powers limited by national and international laws and norms.
Topics: Jurisprudence
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