How does John Austin define law in the Imperative Theory?
In the Imperative Theory of law, developed by the legal philosopher John Austin, law is defined as a command issued by a sovereign authority which must be followed by the people within a given jurisdiction. According to Austin, a law is a set of rules that are backed by the threat of sanctions or punishment for non-compliance. He argues that the essence of law lies in its coercive nature, as it is the sovereign who has the power to punish those who breach its commands. Austin believes that the legitimacy of law is derived from the power and authority vested in the sovereign, whose commands must be obeyed for them to be considered lawful.
This mind map was published on 19 September 2023 and has been viewed 95 times.