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What is the Theory of law?

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Anonymous

10y ago
Updated: 6/21/2022

John Austin's "Command Theory" is a concept of law that holds that law is nothing more than a 'command' backed by threat, and is meant to be ubiquitous in its application. Austin believed that every legal system had to have a 'sovereign' who creates the law while at the same time the sovereign is not subject to it. The sovereign is the only source of the 'commands' and the sovereign is not subject to commands by others.

Arguments against this theory state that this is an inaccurate description of law, noting that laws may have several sources and the legislators who enact them are also subject to the same laws they create.

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Vada Boyer

Lvl 13
3y ago

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