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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]
Austin believed that positive law was the appropriate focus of study for jurisprudence. He states that: 'Every positive law, or every law simply and strictly so called, is set, directly or circuitously, by a sovereign person or body, to a member or members of the independent political society wherein that person or body is supreme.'
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.
In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people and to change existing laws. [5] In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. [6] In international law, sovereignty is the exercise of power by a state.
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.
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.
John Langshaw Austin OBE FBA (26 March 1911 – 8 February 1960) was an English philosopher of language and leading proponent of ordinary language philosophy, best known for developing the theory of speech acts.