Tuesday, November 23, 2010

Command theory

In Austin's theory, Austin talk about the relationship between law and coercion. He submitted for there to be a legal system, there must be a sovereign, and for there to be a sovereign , there must be habitual obedience by the bulk of society.

Sovereign+receive a habitual obedience by the bulk of society: a legal system.

Here clearly, there is a necessary connection made by Austin between legitimacy and coercion because in Austin's theory, he clearly states that people obey the law because of fear of sanction. In other words, coercion is necessary before there can be a legal system.

For individual's law, in Austin's theory, they consists of commands. One key aspect of commands is by definition every comman must have sanctions. If there is no sanction, then it is not a commans and therefore it is not a law.

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