4. Imperitive theory of law.docx - Course Instructor Saba...

This preview shows page 1 - 3 out of 6 pages.

Course Instructor: Saba AlamSOL| School of LawSubject: Philosophy of LawLL.B-I (5 Years)Handout # 4IMPERATIVE THEORY OF LAW1.PROLOGUE:John Austin was an English legal theorist who strongly influenced British and American law withhis analytical approach to jurisprudence and his theory of legal Positivism. Austin called thefather of English jurisprudence and founder of analytical school. According to him, law is madeby the sovereign to control its subjects which are enforceable through sanction.Imperative Theory of Law in its simplest terms can be defined as “command of the sovereignbacked by sanction”. Imperative theory says that law is whatever the political sovereign of acertain state says law is. This law needs to be backed by legitimate sanction, which ispunishment or penalty for violation.2.MEANING OF LAW:The system of rules which a particular country or community recognizes as regulating theactions of its members and which it may enforce by the imposition of penalties.3.DEFINITIONS OF LAW:According to Austin; “law is a command of sovereign”.4.IMPERATIVE OR AUSTIN'S THEORY OF LAW:Austin says that; "Law is a command which obliges a person or persons to the course ofconduct. It is laid down by political sovereign and enforceable by sanction or sanctions".5.FEATURES OF IMPERATIVE THEORY:According to Austin, positive law has three main features:i.Command.ii.Sovereign.iii.Sanction.1
Course Instructor: Saba AlamSOL| School of LawSubject: Philosophy of LawLL.B-I (5 Years)Handout # 4I.COMMAND:According to Austin; "Commands are the expressions of desires given by superior to inferior".Command is further divide into two types;Commands which are Law: when some sanction is attached with the orders of superiorsand which are enforceable through physical force, the commands or orders of superiors orpolitical sovereign become laws.Commands which are not Law: Commands or orders of political superiors are not becomelaw if those commands have no sanction with them. The rule which is on the wish ofsubjects to follow are not to follow, they will not become laws.II.SOVEREIGN:According to Austin, a sovereign is any person or body of persons, whom the bulk of a politicalsociety habitually obeys and who does not himself habitually obeys some other persons orpersons.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture