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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