AUSTIN’S THEORY OF

SOVEREIGNTY
BY- MANAS NEMA
UID: UG19-62
 INTRODUCTION

■ Sovereignty is a regarded as one of the important ingredients of State which

distinguishes the state from other political associations within a society. Sovereignty
is the quality of having supreme, independent authority over a territory.
■ The Juristic analysis of sovereignty has a history stretching back to the Roman
empire. From Bodin, through Hobbes and Bentham, this juristic idea reached its
climax in John Austin as contained in his lectures on Jurisprudence, published in
1832.
AUSTIN’S THEORY OF SOVEREIGNTY

■ John Austin’s theory of sovereignty is known as theory of determinate human

superior.
■ He states that sovereignty should be vested in the hands of one single human
determinate superior.
■ According to Austin, law is a “command given by a superior to an inferior. From this
definition of law he develops his theory of sovereignty in the following words:
■ “If a determinate human superior, not in the habit of obedience to a like superior,
receives habitual obedience, from the bulk of a given society, that determinate
human superior is sovereign in that society, and that society (including the superior)
is a society political and independent.”
 FEATURES OF AUSTIN’S THEORY
■ Austin adds that other people in society depend on him and his relation with the other people is of
a sovereign and the subject.
■ He further adds that, human determinate superior creates and enact laws. However he is not
bound to follow those laws.
■ Law is command of sovereign and sanction is essential element of law.
■ Explanation of human determinate superior
 In every political community there exist a sovereign i.e. a person who is respected by all
 Austin says that this person is called human determinate superior.
 Austin adds that this person can be either physically, mentally, and financially superior to all.
 Power of such person can be legally unlimited and no one can challenge him.
 He must receive continuous habitual obedience from majority of the population to be called as
human determinate superior.
 The society which has a determinate human superior is a political society, which is independent
and free from external control.
 RATIONALE BEHIND OBEYING THE SOVEREIGN

■ According to Austin the purpose for which the sovereign exists is the greatest possible
advancement of human happiness, of the people of the community which the deity has
commanded it to rule.
■ From this proper purpose for which sovereign exists, Austin infers the cause of habitual
obedience which he says is bottomed in the principle of utility.
■ If the enlightened masses thought that sovereign accomplished its proper purpose this would
be their motive to obey.
CRITISISM OF AUSTIN’S THEORY

■ This theory is against popular sovereignty

■ It ignores the power of public opinion and political sovereignty
■ Law is not the command of the sovereign
■ Force is not the only sanction behind laws
■ This theory makes the sovereign completely absolute
 CONCLUSION

■ Austin’s theory of sovereignty did not seem to be applicable in modern day

democracies. But that in no way undermines the importance of his excellent work.