Law as a command

Law as a command

comes from superior to inferior
1. Duguit suggests command suggesting superior to inferior does not cover modern legislation as it is directed towards the state rather than the individual
an expression by words or other means
defines law as a brutal and naked force
this gives the perception of strictness due to Austin s background
1. Laissez faire theory predominance maintained the presence of law primarily dealing with criminals
2. time spent in th army during the growth of imperialism
3. Austin however believes in educated guidance as explained by Wayne Morrison as a plea for professionalism
4. also influenced by the educated leaders he came across in Germany.
5. A mere inability to appreciate that Austin recognised that this was a political criticism directed at a legal theory.
Has not sufficiently explored its meanings as Hart suggests to encompass its actual meaning
Since law emanates from the ever changing multitude which comprises the political machinery of the state it cannot be treated as the command of one person

Resource summary

	Created by crimson over 10 years ago