[PDF] austin's command theory

Abstract. John Austin provided with the very famous philosophy of Command Theory according to which, there is one supreme person/authority whose orders everyone in the society shall follow, or else will be subjected to sanctions.
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  • What is command according to John Austin?

    Command consists of three things as per Austin:
    A desire concerning someone's behaviour. An expression of that desire. A sanction which is also threatened harm for the non-compliance.

  • What is the tacit command theory of Austin?

    Austin thinks that courts recognize custom as law, because judicial enactments are tacit or oblique commands of the sovereign, insofar as the sovereign delegates authority to the judiciary, and custom becomes law when judicially recognized (Austin 86-?88).

  • What are the key elements of Austin's imperative theory of law?

    According to Imperative Theory of Law, there are three major conditions to be considered as Sovereign. : The power which the Sovereign holds must be unlimited and should be undividable. The sovereign must be located and should be identifiable. The Sovereign must provide for commands which be considered as Law.
  • Commands are necessarily general prescriptions that signify a desire of the commanding sovereign that an action be done or not done. Like Bentham, Austin characterized the sovereign as a person or group of persons who are habitually obeyed by the bulk of a political community but who do not habitually obey anyone else.
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