He removed many false notions which had obscured the meaning of legal terms. Analytical Approach in general parlance is a method through which a broad subject is broken down into smaller topics and subtopics in order to solve problems, conduct studies or resolve uncertainties. In Austin’s Analytical Approach, his effort is to gain a precise and in-depth understanding of Fundamental Concepts of legal reasoning. Owing to his works he has been saluted as. JOHN AUTIN 1. Law is not always “Generally” applicable to all. The reader must not fret upon these hefty phrases as they will be discussed in coming paragraphs. From now, we have a fair idea of what is Austin’s analytical approach which gives us the theory of legal positivism. A good example is a well-known quote of De Lolme- “British parliament can do anything but make a woman a man and a man a woman.”. Jurisprudence has always been one of the most feared subjects in Law school. He also made it very clear that the law is, after all, at the mercy of the all-powerful and condescending state and not the god or religion or even morality. Early in his career, Austin came under the influence of JeremyBentham, and Bentham’s utilitarianism is evident (though with somedifferences) in the work for which Austin is best known today. Moreover, Bentham’s view on legal sanctions is far more liberal than that of Austin. Every duty supposes a command by a sovereign by which it is created. Personal laws like Hindu Law, Canon Law or Muslim law, existed long before a sovereign began to legislate, and yet, these laws were not only acknowledged but followed with immense devotion. Secondly, Legal character of the law becomes obvious when it is applied by a Court of Law in the administration of Justice. By the way of this article, I look forward to discuss one of the most celebrated Legal philosophers, Austin’s idea of “Law”. ” on those who are politically subject to the “commander” who is sovereign. The reader must not fret upon these hefty phrases as they will be discussed in coming paragraphs. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is another enquiry.” The positivists do not say that the law’s merits are unintelligible, unimportant, or peripheral to the philosophy of law. He chooses to exclude all external influence or even history and completely indulges in gaining access to first principles of law as it is, regardless of its “goodness” or “badness” or “moral worthiness”. Approaches to Legal Positivism. In furtherance of his “Legal Positivism” theory was his notion “Law as a Command”. Also, if everyone decides to challenge the law given by sovereign, it is bound to collapse…legal sanctions have practical limitations. The dread of legal sanction, as an evil consequence in case of disobeying, is the motivation behind one’s adherence of law and thus is a requisite part. It includes statutes laid down by legislatures or rules and regulations by the human institution. JOHN AUSTIN ( 1790 – 1859 ) , who was a Prof. in London University , is the founder of the Analytical School . “Imperative Law is a rule which prescribes a general course of action imposed by an authority which enforces it by superior power either by. 1. John Austin’s sovereign command theory is not without its merit. It gives clear, definite and scientific terminology. Analytical Approach in general parlance is a method through which a broad subject is broken down into smaller topics and subtopics in order to solve problems, conduct studies or resolve uncertainties. It includes statutes laid down by legislatures or rules and regulations by the human institution. Due to multifaceted ideas by different legal philosophers simultaneously and cursorily taught, without justice being done to any, subject of jurisprudence has become very demanding and monotonous. Further, the Constitution is primarily the highest law and essentially comes before the state. 3. There is no authority in International Arena which can enforce international obligations or sanction them. Every duty supposes a command by a sovereign by which it is created. According to John Austin, “the existence of the law is one thing its merit or demerit is another. Then the laws are broken down to fragments, each of which is separately explained. Austin fails to recognize that International Law is not created by a sovereign and yet is recognized and appreciated by the majority of states as a law. What is law according to Austin? Even Legal Sanctions, though created by the “sovereign” but are used through the courts. © Copyright 2016, All Rights Reserved.