Theories of Father of modern jurisprudence and the journey of his life. His theories with exceptions and critics.

1. PRESTIGEINSTITUTEOF MANAGEMENT,GWALIOR
TOPIC-
“LAW IS THE COMMAND OF SOVERIEGN”
- JOHN AUSTIN

2. FIRSTUP
CONSULTANTS
ANALYTICAL
SCHOOL THEORY
CONTENT
INTRODUCTION
ABOUT AUSTIN
AUSTIN’S TEHORY OF LAW AS A SOVERIEGN
CRITICISM OF THEORY
Theory of Sovereign.
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3. FIRSTUP
CONSULTANTS
INTROD UCTION
• Jurisprudence derive from the Latin word “Juris” and “prudentia”
and both stands for knowledge/ Theory of Law.
• Jurisprudence is consisting of five schools.
• Law is the command of sovereign is given by Austin and he
belongs to Analytical school.
• Analytical school of Law is also called the imperative school and
it analyze the first principles of Law as they actually exist in a
legal system.
• Austin, Bentham, Holland, Salmond etc. are the jurists of
analytical school.
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4. FIRSTUP
CONSULTANTS
ABOUT AUSTIN
.
Born in 1790 and later served as army officer for 5 years until 1812.
Joined as the professor of Law in Bentahmite University in London and later
became the chairperson of Jurisprudence in 1826.
In Germany, he noticed that people of Germany obeyed everything that was
commanded by Prussian King Fedrich.
Army life of strict discipline and command had its reflection in Austian’s concept of
Law.
Died in 1859 and his work were published by his wife Sarah Austin in 1861.
Father of modern/ English jurisprdence.
Confined his study on positive Law and applied analytical method.
Describes principles of Law as the aggregate set of rules set by men politically
superior to men as politically inferior subjects.
He treated first time jurisprudence as a science of Law concerned with analytical
concepts.
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5. FIRSTUP
CONSULTANTS
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Jurisprudence as philosophy of positive Law.
Positive law meant “jus positivum” that Law laid down by a political superior for
commanding obedience from his subjects.
Science of Law concerned with the Law as it is and not as it ought to be.
Classified jurisprudence into two parts:-
General jurisprudence and Particular Jurisprudence.
General Jurisprudence deals with the science concerned with the exposition of the
principles of nations which are common to all the systems of Law, whereas Particular
Jurisprudence consisted of the science of any such Law or system of positive Law as
once actually obtained in specifically determined nation.
AUSTIN’S ANAYTICAL POSTIVISM

6. FIRSTUP
CONSULTANTS
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IMPERATIVE THEORY OF LAW
Austin defined as the rule laid for the guidance of intelligent beings
by an intelligent being power over him.
Divides law into two parts- made by god and made by human.
Law is simply strict so called and set by political superior to the
political inferiors.
There are three kinds of Laws which are not command but consider
as exceptions
.
Declaratory
or
Explanatory
Law,
.
Laws of
repeal,
.
Laws of
imperfect
obligation.

7. CRITICISM
Customs overlooked
Permissive character of law ignored
No place for judge made law
Treat international law as mere morality.
Command over emphasized
Ignored inter relation between law & morality

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CONSULTANTS
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 The Austin’s Theory of sovereign implied that:-
CONCLUSION
• There is no power to extract obedience from the bulk
of the society.
Sovereign is determinate
• Sovereign is the source of law and has no boundation.
Power is legally unlimited
• Power in one hand and bulk of the people follow the
habitual obedience of the superior.
Indivisible

9. FIRSTUP
CONSULTANTS 9