Sovereignty must be determinate it is essential is indivisible and is unlimited and illimitable
Answers
Positivism is something which is morality neutral and based on empiricism (experiment and observation). It was the reaction to the vagueness of Natural law. So Austin was the important theorist from positivist law. He was the founder monist sovereignty who believes in the rule of power in one authority. This is also an attempt made by the researcher to describe the legal theory of sovereignty which received its logical analysis at the hands of john Austin, an English jurist. Austin’s conclusion formed the basis of the prevailing system of jurisprudence and they exercised immense influence of political thought in England and the United States of America. Till recently, sovereignty has been viewed as absolute internal sovereignty and complete internal sovereignty and complete external independence. The pluralists, the recent school of thought, reject outright the concept of absolute authority of the state and plead for division of sovereignty between the state and various other associations like various other associations with a specific purpose to perform. The function of the state are well defined and it has no rightful claim to eminence. The pluralists, in brief, maintain that sovereignty is divisible and the state is not supreme and unlimited in its authority.
On emphasising the evolution of concept of sovereignty the researcher can say that the juristic analysis of sovereignty has a history stretching back to the Roman Empire. In modern times the development of theory of sovereignty conceded roughly with the growth of the state in power, functions and prestige. But in 1832 when Austin published his lectures titled ‘province of jurisprudence’ then the concept of sovereignty reached to its climax. The theory of sovereignty mainly depends upon his view of the nature of law. Law, according to Austin is a ‘’ command given by a superior to an inferior. From this definition of law he develops his theory of sovereignty in the following words
“If a determinate human superior, not in the habit of obedience to a like superior, receives habitual obedience, from the bulk of a given society, that determinate human superior is sovereign in that society, and that society (including the superior) is a society political and independent.”