John Austin’s Theory of Law

John Austin (1790-1859) was a British efficacious philosopher and was the first Professor of police force at London University. His publications had a profound influence on English jurisprudence. They include The Province of Jurisprudence Determined (1832), and Lectures on Jurisprudence. John Austin is surpass known for his work developing the possibleness of good positivism. He attempted to clearly separate moral rules from positive law. Austins theory also falls downstairs Constitutions, International Law, non-sanctioned rules, or law 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 terce aspects of Austins theory 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 study that concentrates on the 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 written? , 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, adoptive 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 intent 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 sovereign. He realized that there should be fixe d written commandments, which should be obeyed by all people. These commandments should be backed 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.