Law is command of *
Answers
Answer:
Imperative Theory of Law in its simplest terms can be defined as “command of the sovereign backed by sanction”. Imperative theory says that law is whatever the political sovereign of a certain state says law is. This law needs to be backed by legitimate sanction, that is punishment or penalty for violation.
Answer:
The work of the English jurist John Austin (1790-1859) remains the most comprehensive and important attempt to formulate a system of analytical legal positivism in the context of modern state. The first six lectures the most influential part of his work were published in 1832 under the title of "The province of jurisprudence Determined" and the rest was published posthumously in 1861. After his death he achieved greater fame and became the founder of what was popularly called the Analytical School. John Austin (1790–1859) was born in the United Kingdom. He was the founder and father of the Analytical school of law. He is known for his theory of sovereignty and legal positivism mentioned in his book “Province of Jurisprudence”. In his initial career, he has served in the army for 5 years and also in the chancery bar of the UK. In 1826, he was appointed as the professor of jurisprudence at the University of London.
He spent two years in Germany thereafter, studying the ancient Roman law and civil law which later on become his very ideologies in the framing of Positive school of law. Austin abandoned teaching in 1833. After working for the government at certain reputed designations, he died in 1859 in Surrey, UK.
He confined his field of study only to the positive law. Prof. Allen thinks that it is proper to call the Austin's School as imperative school. This name he gave on the basis of Austin's conception of law - "Law is Command". Austin's initial task to be a critical analysis of the law as it is. In his first six lectures he sought to elucidate law and his concept of law is an imperative one which is based on sovereignty. According to him law is only an aggregate of individual laws. In his views all laws are rules the majority of which regulate behaviour.