Command Theory of Law

Theory
Command Theory of Law
Jurist
John Austin
Description

A foundational legal positivist theory holding that law is the command of a sovereign, backed by the threat of a sanction, and habitually obeyed by the bulk of society. Building on Bentham, Austin separated law as it is from law as it ought to be, rejecting natural law; later criticised by H.L.A. Hart for ignoring power-conferring rules and the rule of recognition.

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