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Austin's Command Theory of Law

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Questions and Answers

What is the primary characteristic of a command according to Austin's command theory of law?

It is a wish expressed by a determinate source (correct)
It is a moral principle that is universally accepted
It is a rule that is voluntarily followed by individuals
It is a general opinion that guides human behavior

What is the relationship between a command and a duty according to Austin's command theory?

A duty is a command that is voluntarily accepted
A duty is a sanction that is imposed by a political inferior
A command is a wish that is favourable to desired conduct
A command is a duty imposed by a political superior (correct)

What is the key element that distinguishes a command from a general opinion according to Austin's command theory?

The content of the command
The obligation imposed by the command (correct)
The source of the command
The voluntariness of the command

What is the necessary condition for a command to be considered a law according to Austin's command theory?

It must be imposed by a determinate source (C) Signup and view all the answers

What is the consequence of disregarding a wish that is expressed as a command according to Austin's command theory?

The individual is subject to an evil (B) Signup and view all the answers

What is the primary role of a sovereign in Austin's command theory of law?

To impose duties on political inferiors (B) Signup and view all the answers

What is the relationship between duty and sanction according to the concept of law?

Fear of sanction is the motive for duty (B) Signup and view all the answers

What is the primary criticism of Austin's definition of law regarding customs?

Customs are overlooked and ignored (C) Signup and view all the answers

What type of law is not covered by Austin's definition, according to the critics?

Permissive law, which confers privileges (B) Signup and view all the answers

What is the criticism of Austin's theory regarding the role of judges?

Judges' creative function in applying precedents and interpreting laws is ignored (C) Signup and view all the answers

Why does Austin not consider international law as law?

International law lacks sanction (B) Signup and view all the answers

What is the criticism of Austin's theory regarding the concept of command?

The concept of command is overemphasized (D) Signup and view all the answers

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