Philosophy Of Law Command Theory of Law

Philosophy Of Law\n\nIn an attempt to answer the heading What the faithfulness is? Professor J. L. capital of Texas proposes a Command hypothesis of Law. whiz government agency of understanding this theory of traditionalistic positivism is to compare it to the renowned empires of Medieval Japan. These empires consisted of a oneness Emperor, or a independent , that was considered to have the complete esteem of the people in his empire. an opposite(prenominal) aspect of his endorsement is the thought process that there is no other political figure high than the Emperor. With much(prenominal) power and stipulation at his disposal, the Emperor is heart-to-heart to inflict any full stop of punishment that he sees die if his pretermits are non carried discover or ensueed. In describing law as being a command backed by threats of punishment for insubordination, Austin is not arguing that any figure of command be considered a law. It would be absurd to theorize a fath er haughty his son to take come in the garbbage would be a character reference of command to be considered a law. Rather, being that laws govern wide-cut groups and societies, the commands must originate from an imperious source or origin that the people in the association go obedience to.\n\nIn analyzing Professor Austins theory of law, Professor H. L. A. stag argues that Austin fails to describe the genuine essence of law . stag views Austins command theory of law as no different than a gunman commanding a depository financial institution teller to cast him the specie. In this example, the gunman is in a position of authority (in relation to the aver teller) and is exposed of inflicting lethal punishment to the bank teller if his commands are not carried out. Thus, as Hart contends, the bank teller would feel cause 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 bare that the fallacy of such a theory is that it does not accurately describe what the law is and where it comes from. One may extract from such a theory the pressumption that the strongest somebody/group in a particular society testament be the one capable of administering commands with threats of punishment. But, as an observer washstand see in modernistic society , the administors...If you want to come up a full essay, companionship it on our website:

Need assistance with such assignment as write my paper? Feel free to contact our highly qualified custom paper writers who are always eager to help you complete the task on time.