Question

Imperative Law is a theory of Law which states that

• A. Law is a social custom backed by sanctions and punishment
• B. Law is a command of the sovereign backed by sanctions and punishment
• C. Law is a moral obligation backed by sanctions and punishment
• D. Law is a collective obligation backed by morals

Hint:

Remember the triad "Sovereign-Command-Sanction" to immediately identify John Austin's analytical jurisprudence and the Imperative Theory.
This theory rejects any necessary link between law and morality.

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question asks for the fundamental definition of law according to the Imperative Theory of Law.
We need to identify the core components of Austin's definition among the choices provided.
The options present different sources of law, such as custom, sovereign commands, and moral or collective obligations.


Step 2: Detailed Explanation:

• According to John Austin, law is defined as "the command of the sovereign backed by the threat of sanction."

• There are three key elements that constitute the core of Imperative Law: Command, Sovereign, and Sanction.

• A command is an expression of desire by a politically superior entity directed to a politically inferior entity, accompanied by the threat of evil if the desire is not fulfilled.

• The sovereign is a politically superior authority who receives habitual obedience from the bulk of society but does not habitually obey any other human superior.

• Sanction refers to the punishment or harm that is threatened and imposed if the command is disobeyed.

• Austin's theory explicitly rejects the moral or customary definitions of law, distinguishing between positive law and positive morality.

• Therefore, customs, morals, and collective ethical feelings do not constitute imperative law unless they are enacted as commands of the sovereign.

• This makes Option (B) the only option that accurately captures the essential characteristics of the Imperative Theory.


Step 3: Final Answer:
According to the Imperative Theory of Law, law is a command of the sovereign backed by sanctions and punishment, which is Option (B).