Austins imperative command theory

crimson
Mind Map by crimson, updated more than 1 year ago
crimson
Created by crimson over 6 years ago
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Jurisprudence Mind Map on Austins imperative command theory, created by crimson on 10/21/2013.
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Austins imperative command theory
1 law it is created by a sovereign who is the source of law
1.1 illimitable
1.1.1 "de facto" limitations but no "de jure" limitations
1.2 indivisble
1.2.1 one body of persons in whom the totality of sovereign power is invested
1.3 identifiable
1.3.1 sovereign- person who gets habitual obedience
2 Addressed by political superior to inferior
3 command backed by threats
3.1 signification of desire where non-compliance followed by sanction
3.1.1 command is separated into particular and General
3.1.1.1 particular is to one person
3.1.1.2 general is addressed to community at large
4 separates into laws properly so called and improperly so called
4.1 laws proerly so called
4.1.1 divine law and ones by political superior
4.1.1.1 political superior
4.1.1.2 divine law
4.2 Laws improperly so called
4.2.1 Laws by analogy and by metaphor
5 concerns of appropriateness of law is based on science of legislation
5.1 based on utlilty
6 analytical methodology based on inductive method
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