Austin's Command Theory of Law

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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

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

A command is a duty imposed by a political superior

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

The obligation imposed by the command

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

<p>It must be imposed by a determinate source</p> 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?

<p>The individual is subject to an evil</p> Signup and view all the answers

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

<p>To impose duties on political inferiors</p> Signup and view all the answers

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

<p>Fear of sanction is the motive for duty</p> Signup and view all the answers

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

<p>Customs are overlooked and ignored</p> Signup and view all the answers

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

<p>Permissive law, which confers privileges</p> Signup and view all the answers

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

<p>Judges' creative function in applying precedents and interpreting laws is ignored</p> Signup and view all the answers

Why does Austin not consider international law as law?

<p>International law lacks sanction</p> Signup and view all the answers

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

<p>The concept of command is overemphasized</p> Signup and view all the answers

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