John Austin’s Command Theory of Law



John Austin’s Command Theory of Law

Jurisprudence — Normative v. Analytic

Positive Law v. Non-Positive Law (e.g. Divine Law)

Laws properly so-called v. Laws not properly so-called (e.g. rules of honour & etiquette)

Political Superior (sovereign) v. Non-Political superior (e.g. school yard bully & Professor)

Laws

(Determinate Source/ Rule/General Command/Sanction/ Oblige/Obligation-Duty)

God Sovereign Other Human Beings

(Divine Law) ↓ (President of NHL (i.e. “the Count”);

↓ University Senate)

↓

↓

Command

↓

General vs Particular

↓

Rule

↓

Positive Law

Non-Laws Within the Province of Jurisprudence (appear to be laws but are not)

1)Declaratory Laws

2) Laws to Repeal Laws

3) Imperfect Laws

Laws that appear not to be Commands, and hence not laws (but are laws)

1) Laws granting rights

2) Customs

Sovereign: General commands are habitually obeyed by the bulk of the population; not in the habit of obeying any other determinate human person(s)

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