Question

Which school of law considers law as the "Command of the Sovereign"?

• A. Historical School
• B. Analytical School
• C. Sociological School
• D. Natural Law School

Hint:

Command Theory of Law → John Austin → Analytical School.

Answer 1

The Correct Option is B

Concept: The Analytical School of Jurisprudence focuses on law as it is (positive law) and emphasizes its structure, form, and logical analysis. It is primarily concerned with the source of law rather than its moral content.
Step 1: Understanding the Command Theory.
The idea that law is the "command of the sovereign" was propounded by John Austin. According to him, law consists of commands issued by a sovereign authority, backed by sanctions in case of non-compliance.
Step 2: Linking to the school of law.
John Austin belongs to the Analytical School, which studies law in a scientific and systematic manner, independent of moral or social considerations.
Step 3: Key features of this school.

• Law is a command
• Issued by a sovereign
• Backed by sanctions

Step 4: Eliminating other options.

• Historical School: Law evolves from customs and traditions (Savigny)
• Sociological School: Law is a tool for social engineering (Roscoe Pound)
• Natural Law School: Law is based on morality and natural justice

Step 5: Conclusion.
Thus, the Analytical School considers law as the command of the sovereign.