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Sovereign
- his idea of sovereign was in line with the other thinkers like Bodin who said that sovereignty was the
absolute and perpetual power of the state and and Hobbes who had connected law of the state and
enforcement by organised power.
- Was influenced by Hobbes idea of centralised power
- Hobbes's condition of mankind "short, nasty and brutish" was what Austin also accepted in the sense that as a society we needed to be governed
- Austin distinguished with Hobbes on the right to governance, while Hobbes found right vested in sovereign
from a direct condition of mankind (giving rise to a social contract) Austin based it on educated populace and enlightened rulers intending to
uphold utility.
- Austin distinguished with Hobbes on the right to governance, while Hobbes found right vested in sovereign
from a direct condition of mankind (giving rise to a social contract) Austin based it on educated populace and enlightened rulers intending to
uphold utility.
- Hobbes's condition of mankind "short, nasty and brutish" was what Austin also accepted in the sense that as a society we needed to be governed
- The idea of superior to inferior does not convey current importance of questioning the orders
- superior to inferior intimates mere desire of sovereign makes law valid
- Arbitrary power is capable of explaining dictator countries
- the right to govern is central to understanding the sovereign as it is
based on educated populace and enlightened leaders and is the
study of science of legislation
- the right to govern is central to understanding the sovereign as it is
based on educated populace and enlightened leaders and is the
study of science of legislation
- Arbitrary power is capable of explaining dictator countries
- wish or desire by superior that inferior will do or abstain from
- Judicial law was a practical necessity but only if it followed the tacit commands of the sovereign
- suggesting Literal interpretation and mischief rule of interpretation in statutes
- supported by Lord Denning in the discipline of law in interpretation "beyond doubt the task of the lawyer and
of the judge is to find out the intention of Parliament"
- supported by Lord Denning in the discipline of law in interpretation "beyond doubt the task of the lawyer and
of the judge is to find out the intention of Parliament"
- issue of the judge being the legislators agent as Austins theory fails to
recognise suboordinate officals
- this is a serious breach to seperation of powers
- this is a serious breach to seperation of powers
- suggesting Literal interpretation and mischief rule of interpretation in statutes
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