CONCEPT OF LAW AND SOCIETY

FROM THE PERSPECTIVE OF JOHN

AUSTIN: A REVIEW
PRESENTED BY : CHARVI KWATRA
UID: UGJ21-06
PRESENTED TO: DR. RENGASAMY STALIN
(ASSISTANT PROFESSOR OF SOCIOLOGY)
 INTRODUCTION:

 Father of “English Jurisprudence”

 Legal positivism
 Appreciation and criticism on his theory
 Aids in understanding basic approach to law
 Early life of John Austin
 AUSTIN’S CLASSIFICATION OF LAW

 Laws properly so called

 Laws improperly so called
 Laws properly so called further divided into-
 Divine law
 Human law
 Human law further divided into
 Positive law
 Other laws
 IMPERATIVE THEORY OF LAW

 Consists of four constituents

 Sovereign
 Command
 Sanction
 Duty
 MERITS OF IMPERATIVE THEORY OF LAW

 Established the fundamental structure for comprehension of laws

 Assessment and comprehensive interpretation of the law guarantees security, stability,
and harmony
 For ushering in a new era of developing an approach towards law and legal aspects
 CRITICISM OF THE THEORY

 Ignores customary law

 Law as a command
 Idea of Sanction
 Not applicable to International and constitutional law
 CONCLUSION

 He breathed new vitality into the doctrine of natural law

 Austin's work is not completely relevant to India in the contemporary era because it
fails to take into account multiple factors such as international law, separation of
powers, democratic forms of government etc.
 The Imperative theory is a reflection of its times and culture and so, has to considered
that ways.