This paper is an overview of John Austin's Command Theory, which comprises three elements that are discussed in length, along with relevant examples and jurists' points of view. Furthermore, we will discuss whether the criticism given by Hart was justified or whether the Austin theory itself was right. We will discuss elements of Austin's theory step by step and will provide valid justifications, examples and criticism.
Austin's theory of law is also called the imperative theory of law. Austin's Theory is defined as the command of the Sovereign backed by sanctions. This theory has three elements: command which is specifically laws, sovereign meaning political body, and sanctions meaning penalties.
Inhaltsverzeichnis (Table of Contents)
- JOHN AUSTINS THEORY OF LAW
- ELEMENTS OF JOHN AUSTIN'S THEORY
- COMMAND
- SOVEREIGN
- SANCTIONS
- ANALYSIS
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This article provides a comprehensive analysis of John Austin's Command Theory, examining its three core elements: command, sovereign, and sanctions. The text explores the strengths and weaknesses of the theory, particularly focusing on Hart's criticism. The aim is to understand how Austin's theory functions and to assess its relevance in contemporary legal thought.
- Austin's Command Theory of Law
- The Role of Sanctions in Law
- Criticism of Austin's Theory by HLA Hart
- The Relationship between Law and Sovereignty
- The Nature of Commands and their Legal Status
Zusammenfassung der Kapitel (Chapter Summaries)
The article begins with an introduction to John Austin's Command Theory of Law, highlighting its key elements: command, sovereign, and sanctions. The theory is explained through the example of the Road Traffic Act 1960 in England. The concept of commands as general and continuous is explained, differentiating them from transitory commands.
The chapter then discusses the element of 'sovereign,' focusing on the power dynamics between sovereign and inferiors. The theory emphasizes the relationship between law and sovereignty, arguing that law is defined by the sovereign. The chapter explores criticisms of this element, including the argument that sovereigns are accountable to the public.
The final element, 'sanctions,' is explained in detail, with examples of different types of sanctions for different crimes. The chapter also discusses Hart's criticism that not all laws are sanction-based, particularly in areas like contract law. The analysis concludes by comparing the external and internal perspectives on law, emphasizing the importance of both voluntary obedience and sanctions in ensuring compliance.
Schlüsselwörter (Keywords)
The main keywords and focus topics of this work include John Austin, Command Theory, HLA Hart, Sovereign, Sanctions, Legal Philosophy, Legal Positivism, Jurisprudence, and the relationship between law and society.
- Quote paper
- Ayesha Masood (Author), 2022, John Austin's Theory of Law. Austin's Command Theory along with Hart's Criticism, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/1438138
