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Law as a command
- comes from superior to inferior
- Duguit suggests command suggesting superior to inferior
does not cover modern legislation as it is directed towards
the state rather than the individual
- 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
- Laissez faire theory predominance maintained the presence of
law primarily dealing with criminals
- time spent in th army during the growth of imperialism
- Austin however believes in educated
guidance as explained by Wayne Morrison
as a plea for professionalism
- also influenced by the educated leaders he came across in Germany.
- A mere inability to appreciate that Austin
recognised that this was a political criticism
directed at a legal theory.
- Laissez faire theory predominance maintained the presence of
law primarily dealing with criminals
- 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
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