Question

discuss Criticism
of Monistic Theory​

Answer 1

Explanation:

John Austin (1790-1859) had been an eminent English jurist in the nineteenth century. He stated his theory a little more than a century ago. His theory is we explained in the famous book “Lectures on Jurisprudence”. This book was published in 1832. Though he was much impressed by the views of Hobbes a Bentham, yet his theory of sovereignty is quite distinct.

He explained very clearly and precisely the legal or monistic theory of sovereignty in his famous book “province of Jurisprudence Determined” (1832). In his another famous book “Lectures on Jurisprudence” he drew a line of difference between law and morality.

His statement of the theory of sovereignty runs like this, “If a determinate human superior, not in the habit of obedience to a like superior, receives habitual obedience from the bulk of given society that determinate human superior is the sovereign and that society (including the superior) is a society political and independent. Every positive law or every law simple or strictly so called, is set directly or circuitously by a sovereign person or body to a member or members of the independent political society wherein that person or body is sovereign or supreme