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John Austin (3 March 1790 – 1 December 1859) was an English legal theorist who posthumously influenced British and American law with an analytical approach to jurisprudence and a theory of legal positivism. [1]
The Province of Jurisprudence Determined is a book written by John Austin, first published in 1832, in which he sets out his theory of law generally known as the 'command theory'. Austin believed that the science of general jurisprudence consisted in the clarification and arrangement of fundamental legal notions.
The three main tenets of Austin's command theory are: laws are commands issued by the uncommanded commander, i.e. the sovereign; such commands are enforced by sanctions; a sovereign is one who is obeyed by the majority. Austin considered law to be commands from a sovereign that are enforced by a threat of sanction.
John Austin argued that sovereignty in the UK was vested neither in the Crown nor in the people but in the "Queen-in-Parliament". [6] This is the origin of the doctrine of parliamentary sovereignty and is usually seen as the fundamental principle of the British constitution. With these principles of parliamentary sovereignty, majority control ...
A critique of John Austin's theory that law is the command of the sovereign backed by the threat of punishment. A distinction between primary and secondary legal rules, such that a primary rule governs conduct, such as criminal law, and secondary rules govern the procedural methods by which primary rules are enforced, prosecuted and so on.
Sovereigntism, sovereignism or souverainism (from French: souverainisme, pronounced [su.vʁɛ.nism] ⓘ, meaning "the ideology of sovereignty") is the notion of having control over one's conditions of existence, whether at the level of the self, social group, region, nation or globe. [1]
Hugo Krabbe (3 February 1857 – 4 February 1936) was a Dutch legal philosopher and writer on public law.Known for his contributions to the theory of sovereignty and the state, he is regarded as a precursor of Hans Kelsen.
Edward Coke took from Bodin on sovereignty; and like him opposed the concept of mixed monarchy. [152] While Bodin's ideas on authority fitted with the theory of divine right of kings, his main concern was not with the choice of the sovereign. But that meant they could cut both ways, being cited by parliamentarians as well as royalists.