Theories On Legal Positivism
The three basic points of Austin's theory of law are that:
- the law is command issued by the uncommanded commander—the sovereign;
- such commands are backed by threats of sanctions; and
- a sovereign is one who is habitually obeyed
John Austin is best known for his work developing the theory of legal positivism. He attempted to clearly separate moral rules from "positive law."
Austin was greatly influenced in his utilitarian approach to law by Jeremy Bentham. Austin took a positivist approach to jurisprudence; he viewed the law as commands from a sovereign that are backed by a threat of sanction. In determining 'a sovereign', Austin recognized it as one who society obeys habitually. However, Henry Maine in "Early Institutions" argues that in some Empires of the orient there is nothing to correspond with "determinate superior" or sovereign.
Read more about this topic: John Austin (legal Philosopher)
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