Austin's Command Theory of Law

According to him, law is the command of Sovereign that is backed by sanction. The law has the three main functions:-

1. Commands are expressions of desire given by superiors to inferiors. Some are laws and some not. Austin distinguishes law from other commands by their generality. It enjoins people to perform certain duties. It is a direction given to a person to do or refrain from something.

2. Sovereign is any person or a body of persons who is obeyed by a bulk of political society but itself does not obey anybody. It is given by a sovereign authority. It is an authority that is the source of all laws.

3. Sanction is the instrument of coercion by which any system of imperative law is enforced. There are punishments behind non-performance of the duties. It is the consequence that is followed on the non-compliance of the duties.

There are a few cons of this theory too which are as follows:-

1. Laws of the welfare states are not covered under the command theory.
2. Sovereign does not have to obey anyone but the modern states have to comply.
3. This theory does not consider judge-made laws.
4. It does not covers up international law.

In spite of criticism of Austin's theory of law, it cannot be denied that he rendered a great service by giving a clear and simple definition of law. He makes a distinction between what a law is and what it ought to be. It seeks to define law not be reference to its contents but according to the formed criteria which differentiate legal rules from others such as those of morals, etiquette etc.