positive law jurisprudence

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John Austin (1790-1859) and the Command Theory of Law

John Austin, a 19th-century British legal philosopher, left a lasting mark on jurisprudence with his positivist theory of law. Central to his thinking is the concept of law as a command issued by a sovereign, backed by the threat of sanction. This article delves into the details of Austin’s philosophy of the Command Theory of Law.

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Understanding Positive Law Jurisprudence: The Law “As Is”

Positive law jurisprudence, also known as legal positivism, delves into the nature of law as a set of human-made rules enforced by a sovereign authority. Unlike natural law theory, which posits a universal moral code underlying all legal systems, positive law focuses on the formal characteristics that make a rule a law, regardless of its content or morality.

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