John Austin’s Theory of Law

crapper Austin (1790-1859) was a British legal philosopher and was the firstly Professor of Jurisprudence at London University. His publications had a profound run on English jurisprudence. They include The Province of Jurisprudence Determined (1832), and Lectures on Jurisprudence. John Austin is best known for his work developing the speculation of legal logical positivism. He attempted to clearly separate moral rules from tyrannical right of nature. Austins conjecture as well as falls under Constitutions, International Law, non-sanctioned rules, or impartiality that gives rights. Austin believed that people have different interpretations of what is wrong and right.Therefore, set laws needed to be established that has to be obeyed. There are three aspects of Austins hypothesis of law Analytical Jurisprudence, Legal Positivism and Command theory of law and the theory of legal sovereignty. Analytical Jurisprudence It is a method of legal mull over that concentrates on t he logical structure of law, the meaning and uses of its concepts, and the formal terms and the modes of its operation. John Austins particular form of analysis was reductive. He analyzed legal concepts in terms of non-legal concepts so that the entire law could be understood in non-legal terms.Legal Positivism In the 19th century, Austin developed legal positivism theory. The legal positivism states, What is Law? Is it scripted? , Where does it come from? Positivism is from Latin root-positus, which means to be certain and fixed. Legal positivism states that laws are derived from written rules, regulations which have been enacted, adopted and recognized by a governmental entity or political institution, including administrative, executive, legislative, and judicial bodies. It is based on the legal philosophy that what is the tendency of the enacting body.Command theory of law and the theory of legal sovereignty This aspect of Austins theory is based on the commandment of the sove reign. He realized that there should be fixed written commandments, which should be obeyed by all people. These commandments should be plump for with sanctions. For example, if we do not obey traffic rules or commit an offence which is codified in the Canadian Criminal Law, we shall be penalized. Austin also realized the need about the uniformity of law. By uniformity means, that the law should be equal for all people of the state.