Tag: command

who said law is the command of sovereign

who said law is the command of sovereign插图

Best answer


Austin

People also ask


  • Why can a sovereign issue a command?

  • A sovereign can issue a command because he or they have authority. People/subjects should obey the law and it is not applicable to the sovereign command indicates power which is to be exercised by the individual or body of individuals.

  • What is Austin鈥檚 command theory of law?

  • AUSTIN鈥橲 COMMAND THEORY OF LAW. Defined the 鈥渟overeign鈥?as a person who receives habitual obedience from the bulk of the population but who does not habitually obey any other earthly person or institution. Austin separated or distinguished law from religion, morality, and custom.

  • What is law of command?

  • Law is, in Austin鈥檚 view, a kind of command, one that is general rather than specific to a given occasion. Command itself calls for conceptual analysis, and in Austin鈥檚 view, command is to be analyzed as an expression of one鈥檚 wish or intention that another act a certain way.

  • Are judges commands of the sovereign body?

  • Though an Austinan would say that judges act under the powers delegated to them by the sovereign, therefore, their acts are the commands of the sovereign body, in modern times, will deny that judge perform a creative function and Austin鈥檚 definition of law does not include it. 3. As against the command:-