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292184
Austins imperative command theory
Description
Jurisprudence Mind Map on Austins imperative command theory, created by crimson on 21/10/2013.
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jurisprudence
jurisprudence
Mind Map by
crimson
, updated more than 1 year ago
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Created by
crimson
about 11 years ago
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Resource summary
Austins imperative command theory
law it is created by a sovereign who is the source of law
illimitable
"de facto" limitations but no "de jure" limitations
indivisble
one body of persons in whom the totality of sovereign power is invested
identifiable
sovereign- person who gets habitual obedience
Addressed by political superior to inferior
command backed by threats
signification of desire where non-compliance followed by sanction
command is separated into particular and General
particular is to one person
general is addressed to community at large
separates into laws properly so called and improperly so called
laws proerly so called
divine law and ones by political superior
political superior
divine law
Laws improperly so called
Laws by analogy and by metaphor
concerns of appropriateness of law is based on science of legislation
based on utlilty
analytical methodology based on inductive method
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