Introduction

• Father of English Jurisprudence:
  • John Austin is recognized as the "Father of English Jurisprudence" and founder of the Analytical School of Law.
• Scientific Approach:
  • Influenced by the scientific treatment of Roman law, Austin applied a systematic method to English law.
  • Unlike the metaphysical approach in Germany, Austin focused on defining law as a set of commands regulating behavior.
• Definition of Law:
  • Austin viewed law as "rules laid down for the guidance of an intelligent being by an intelligent being having power over him."

Austin’s School of Law

• Analytical School:
  • Also referred to as the Imperative School, Positivism, or Analytical Positivism.
  • Focuses on the separation of law from morality, emphasizing the command of a sovereign.
• Critiques by Scholars:
  • Salmond: Effective law must incorporate ethics and justice.
  • Lon Fuller: Law inherently involves morality in governing human behavior.
  • Gustav Radbruch: Justice and morality are prerequisites for good law.
  • Dworkin: Rights stem from moral precepts that trump legal commands.

Distinction in Laws

• Laws Properly So Called:
  • Laws set by God: Divine laws.
  • Laws set by men as political superiors: Positive laws, the subject of jurisprudence.
• Laws Improperly So Called:
  • Laws by Analogy: Rules enforced by public opinion, termed "Positive Morality."
  • Laws by Metaphor: Natural laws like gravity.
• Key Component: Austin emphasized separating law from morals in jurisprudence.

Command

• Definition: A directive backed by a threat of sanction for non-compliance.
• Components:
  • Sanction: Threat of punishment motivating obedience.
  • Duty and Obligation: Correlative to the fear of sanction.
• Types:
  • Particular Command: Directed to specific individuals or groups.
  • General Command: Addressed to society at large, creating enduring rules.

Law

• Definition: "A rule laid down for the guidance of an intelligent being by an intelligent being having power over him."
• Categories:
  • Laws Made by God: Natural laws inherent to human survival.
  • Laws Made by Men: Positive laws created by political authorities to govern behavior.

Criticism

• Overemphasis on Sanction: Law is obeyed not only out of fear of punishment but also due to moral and cultural considerations.
• Artificial Concept: Oversimplifies law, detaching it from real-life scenarios.
• Disregard for Morals: Separates law from ethics, reducing it to arbitrary commands of the sovereign.
• Exclusion of Legal Sources: Ignores judge-made laws, customs, conventions, and international law.
• Neglect of Laws Conferring Privileges: Excludes laws granting immunities and privileges.
• Private Rules: Overlooks rules set by private individuals or groups for general conduct.

Summary

• John Austin’s theory of law is foundational but criticized for its sanction-based approach and detachment from morality.
• Despite limitations, it has significantly shaped legal thought and understanding of law's role in society.