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  • Austin's Command Theory: Dr. Manoranjan Kumar

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    Ritesh kumar
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    This document summarizes Austin's Command Theory of law. It begins by defining positive law and distinguishing it from natural law. It then explains that positive law refers to the rules established by political superiors to govern men. These rules form the appropriate subject matter of jurisprudence. In addition to positive law set by political superiors, the document also discusses other classes of law set by men, including law not established by political superiors and law improperly called law, such as positive morality.

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    7.. Jurisprudence I Lecture No. 6 PPT

    Original Title

    7.. Jurisprudence I Lecture No. 6 PPT

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    This document summarizes Austin's Command Theory of law. It begins by defining positive law and distinguishing it from natural law. It then explains that positive law refers to the rules established by political superiors to govern men. These rules form the appropriate subject matter of jurisprudence. In addition to positive law set by political superiors, the document also discusses other classes of law set by men, including law not established by political superiors and law improperly called law, such as positive morality.

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    © All Rights Reserved
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    31 views10 pages

    Austin's Command Theory: Dr. Manoranjan Kumar

    Uploaded by

    Ritesh kumar
    This document summarizes Austin's Command Theory of law. It begins by defining positive law and distinguishing it from natural law. It then explains that positive law refers to the rules established by political superiors to govern men. These rules form the appropriate subject matter of jurisprudence. In addition to positive law set by political superiors, the document also discusses other classes of law set by men, including law not established by political superiors and law improperly called law, such as positive morality.

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    Austin’s Command Theory

    Dr. Manoranjan Kumar


    Assistant Professor
    Department of Law
    Chanakya National Law University, Patna
    Nyaya Nagar, Mithapur, Patna
    Mob.: +91 9709475958
    Email: manoranjan.cnlu@gmail.com
    manoranjankumar@cnlu.ac.in
    Matter of Jurisprudence
    • Positive Law
    • Confounded with the objects
    - to which it is related by Resemblance
    - to which it is related in the way of Analogy
    - signified properly or improperly by the expression Law
    • First determine the province of jurisprudence.
    What is Law?
    • Most General and Comprehensive

    Intelligent Being

    Power

    Rule Laid down for


    the Guidance of an
    Intelligent Being
    Law in the Comprehensive Sense
    Law Properly So
    Called

    Law Set by God to Law Set by Men to


    Men Men

    Natural Law/Divine Law


    Law set by Men to Men
    • Of the laws set by men to men some are established by Political
    Superiors, sovereign and subject: persons exercising supreme and
    subordinate government
    • The aggregate of the rules thus established, or some aggregate
    forming a portion of that aggregate, is the appropriate matter of
    jurisprudence, general or particular.
    • Contradistinguished to the law of nature or natural law, the aggregate
    of the rules thus established is called positive law.
    Other Class of Law set by Men to Men
    • While some are established others are not established
    • Laws not set by political superiors or not set in the
    capacity of political superiors
    Law in the Comprehensive Sense
    Law Properly So
    Called

    Law Set by God to Law Set by Men to


    Men (Divine Law) Men

    Law Set by Political Law Not Set by


    Superiors (Positive Law) Political Superiors
    Law Improperly So
    Called

    Law by Close Law by Slender


    Analogy Analogy

    Law Not Set by Law Set & Enforced by Figurative or


    Political Superiors Opinion/Sentiments Metaphorical Laws

    Positive Morality
    Law

    Law Properly So Called Law Improperly so Called

    Law Set by God to Men


    Law Set by Men to Men
    (Divine Law)

    Law Set by Political Superiors Law Not Set by Political Law Set by Opinions Metaphorical or
    (Positive Law) Superiors or Sentiments Figurative Law

    Positive Morality
    Thank You

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