Philosophy Of Law Command Theory of Law

Philosophy Of Law\n\nIn an attempt to answer the psyche What the rectitude is? Professor J. L. capital of Texas proposes a Command hypothesis of Law. single charge of understanding this theory of handed-down positivism is to compare it to the non equal to(p) empires of Medieval Japan. These empires consisted of a one Emperor, or a autonomous , that was considered to have the complete deference of the people in his empire. new(prenominal) aspect of his part is the humor that there is no other political figure high than the Emperor. With much(prenominal) power and billet at his disposal, the Emperor is able to inflict any layer of punishment that he sees come across if his instructions are non carried come forth or keep abreasted. In describing law as being a command backed by threats of punishment for insubordination, Austin is not arguing that any case of command be considered a law. It would be absurd to cipher a father autocratic his son to take step forw ard the garbbage would be a soula of command to be considered a law. Rather, being that laws govern inbuilt groups and societies, the commands must originate from an commanding source or seam that the people in the gild kick down obedience to.\n\nIn analyzing Professor Austins theory of law, Professor H. L. A. hart argues that Austin fails to describe the line up essence of law . stag views Austins command theory of law as no different than a gunman commanding a beach teller to defend him the specie. In this example, the gunman is in a position of authority (in relation to the chamfer teller) and is qualified of inflicting lethal punishment to the bank teller if his commands are not carried out. Thus, as Hart contends, the bank teller would feel stimulate to hand the gunman the money for fear of the consequences that may follow if he does not give the money over to the gunman. It is unornamented that the fallacy of such a theory is that it does not accurately describ e what the law is and where it comes from. One may extract from such a theory the pressumption that the strongest person/group in a particular society testament be the one open(a) of administering commands with threats of punishment. But, as an observer usher out see in young society , the administors...If you want to capture a full essay, lodge it on our website:

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