Austins imperative command theory

law it is created by a sovereign who is the source of law
1. illimitable
  1. "de facto" limitations but no "de jure" limitations
2. indivisble
  1. one body of persons in whom the totality of sovereign power is invested
3. identifiable
  1. sovereign- person who gets habitual obedience
Addressed by political superior to inferior
command backed by threats
1. signification of desire where non-compliance followed by sanction
  1. command is separated into particular and General
    1. particular is to one person
    2. general is addressed to community at large
separates into laws properly so called and improperly so called
1. laws proerly so called
  1. divine law and ones by political superior
    1. political superior
    2. divine law
2. Laws improperly so called
  1. Laws by analogy and by metaphor
concerns of appropriateness of law is based on science of legislation
1. based on utlilty
analytical methodology based on inductive method

Resource summary

	Created by crimson over 11 years ago