Austins imperative command theory

Austins imperative command theory

1. law it is created by a sovereign who is the source of law

   • illimitable
     • "de facto" limitations but no "de jure" limitations
   • indivisble
     • one body of persons in whom the totality of sovereign power is invested
   • identifiable
     • sovereign- person who gets habitual obedience

2. Addressed by political superior to inferior

3. command backed by threats

   • signification of desire where non-compliance followed by sanction
     • command is separated into particular and General
       • particular is to one person
       • general is addressed to community at large

4. separates into laws properly so called and improperly so called

   • laws proerly so called
     • divine law and ones by political superior
       • political superior
       • divine law
   • Laws improperly so called
     • Laws by analogy and by metaphor

5. concerns of appropriateness of law is based on science of legislation

   • based on utlilty

6. analytical methodology based on inductive method