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*ustin was greatly influenced in his utilitarianapproach to law by 5eremy 6entham.

The theory of legal realism, lie positivism, loos on law as the e)pression of the will of

the state but sees it as made through the medium of 7ourts. Law no doubt is thecommand of the sovereign, but the sovereign to the realist is not the 8arliament but the

7ourt.

1. IMPERATIVE OR AUSTIN'S THEORY OF LAW:

*ustin says that law is a command which obliges a person or persons to a course of

conduct. 't is laid down by a political sovereign and enforceable by a sanction.

2. FEATURES OF IMPERATIVE THEORY:

*ccording to *ustin, positive law has three main features

A. Command.

B. Sovereign.

C. Sanction.

A. COMMAND:*ccording to *ustin 7ommands are e)pressions of desire given bysuperiors to inferiors.

%i& aws are general commands(There are commands which are laws and which is not,

*ustin distinguishes law from other commands by their generality. Laws are generalcommands, unlie commands given on parade grounds and obeyed there then by the

troops.

B. SOVEREIGN:*ccording to *ustin, a sovereign is any person or body of persons,whom the bul of a political society habitually obeys and who does not himself habitually

obeys, some other persons or persons.

Charac!r"#"c# $% S$&!r!"(:

(i) Source of Laws"overeign is the source of law. very law is set, by a sovereignpersons or body of persons.

(ii) Source of !ower8rof. Lasi says that there are three implications of the definitionof sovereignty given by *ustin. The state is a legal order in which there is a determinate

authority acting as the ultimate source of power.

https://en.wikipedia.org/wiki/Utilitarianhttps://en.wikipedia.org/wiki/Jeremy_Benthamhttps://en.wikipedia.org/wiki/Jeremy_Benthamhttps://en.wikipedia.org/wiki/Utilitarianhttps://en.wikipedia.org/wiki/Jeremy_Bentham

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(iii) "ndivisi#le !owerThe power of sovereign is indivisible. 't cannot be divided.

*ccordingly to *ustin, there can only be one sovereign in the state. The totality ofsovereign is vested in one person or a body of persons.

(iv) $a#itual o#edient #y !eopleThe chief characteristic of sovereign lies in the powerto e)act habitual obedience from the bul of the member of the society.

C. SANCTION The term sanction is derived from 9oman Law. *ccording to "almond1"anction is the instrument of coercion by which any system of imperative law is

enforced. 8hysical force is the sanction applied by the state in the administration of

justice.

). CRITICISM:*ustin+s theory of law has been critici(ed on many grounds.

%. Laws #efore State*ccording to /istorical "chool, law is prior to and independent of

political authority and enforcement. * state enforces it because it is already law. 't is notcorrect that it becomes law because the state enforces it.

&. 'unman Law "ome have critici(ed the positivist theory of law as a theory of

gunman, as it maes no real distinction between a law and the command of a ban-robberwho points his gun at the ban cler and orders him to give him money.

. 'enerality of Law*ccording to *ustin, law is a general rule of conduct, but that isnot practicable in every sphere of law. * law in the sense of the *ct of the legislature may

be particular in the fullest sense of the word. * :ivorce *ct is law even if it does not

apply to all persons.

. !romulgation *ccording to *ustin, law is a command and that has to be

communicated to the people by whom it is meant to be obeyed or followed but this is notessential for the validity of a rule of law.

*. Law as Command*ccording to *ustin, law is a command of the sovereign but the

greater part of a legal system consists of laws which neither command nor forbid thingsto be done e.g., right to vote.

+. ,-istence of !ersonal CommanderThe term command suggests the e)istence of apersonal commander. 'n modern legal systems, it is impossible to identify any

commander in the personal sense.

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. /efusal of !recedents as LawsThe bul of the nglish law has been created by the

decisions of the 7ourt. To describe the judges as delegates by the positivists is

misleading.

0. SanctionThe concept of sanction is also misleading as in modern democratic country,

the sanction behind law is not the force of the state but the willingness of the people toobey the same.

1. Sanction is not essential elements"anction is not an essential element of law, as incivil law no such sanction is to be found.

%2. 3isregard of ethical elements*ccording to salmond, *ustin+s theory of law is one-

sided and inade;uatic. 't disregards the moral or ethical elements in law.

%%. Not applica#le to "nternational Law*ustin+s definition of law cannot be applied to

'nternational law that is to say that 'nternational Law is not an imperative law. The

'nternational law is not the command of any sovereign, yet it is considered to be law byall concerned. ot *pplicable to constitutional law *ustin+s definition of law does

not apply to constitutional law which cannot to called commands of any sovereign.7onstitutional law of a country defines the powers of various organs of the state.

*. IS MORAL LAW IMPERATIVE:0oral law has also been called the divine law, thelaw of reason, the universal or common law or eternal law. 't is called the command of

?od imposed upon men. >atural law appeals to the reason of men. 't does not possess

physical compulsion. 't embodies the principles of morality. >atural or moral law e)istsonly in an ideal state and differs from positive law of state. 'n *ustin view of law

morality altogether ignores therefore moral law is not an imperative law.

CONCLUSION:

To conclude, ' can say, that inspite of criticism of *ustin+s theory of law, it cannot be

denied that *ustin rendered a great service by giving a clear and simple definition of law.

/e maes a distinction between what law is and what it ought to be. 't sees to define lawnot be reference to its contents but according to the formed criteria which differentiate

legal rules from other rules such as those of morals, eti;uette etc.