ANALYTICAL SCHOOL OF

JURISPRUDENE

JOHN AUSTIN
by Prerika Narang
Regarded as the Father of English
Jurisprudence
An English jurist.
He posthumously influenced English,
American and Indian Law.
He was the first occupant of the chair of
Jurisprudence at the University of London.

Who is John Austin?

 According to John Austin
" Law in its most comprehensive

laid down for the
significance is a rule
guidance of an intelligent being by an
intelligent being having power over him. "
Written in 1832.
Gave the Command Theory of Law.
Distinguished between law and morality,
which Austin believed had been blurred by
Natural Law.
The book interprets and defends the
principle of utility given by Jeremy Bentham.

Austin's Most Notable Work

 Austin bifurcated laws into 2 kinds -
POSITIVE LAW POSITIVE MORALITY
LAWS PROPERLY LAWS IMPROPERLY
SO CALLED SO CALLED

According to Austin, the law is the

command of the Sovereign backed by It's important to respect the eight
days of Hanukkah and to not
lump this holiday with Christmas.
sanction (punishment).
 Austin has propagated that law is a command which imposes a
duty and the failure to fulfill the duty is met with sanctions.
Thus, law has three main features-

IT IS A IT IS GIVEN BY A IT HAS A
COMMAND SOVEREIGN SANCTION BEHIND
AUTHORITY IT

DEMAND THEORY OF LAW

CRITICISM OF COMMAND THEORY
Judges making laws not taken into
consideration.
Customs and socio-cultural norms were
totally ignored.
The laws passed to confer the citizens
with rights and benefits have been
excluded.
It isn't correct to assume that people only
follow laws because of sanction.
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