Question

    According to Austin’s theory of law, which of the

    following is not a feature of a law properly so called?
    A It is a command Correct Answer Incorrect Answer
    B It is backed by a sanction Correct Answer Incorrect Answer
    C It is issued by a sovereign Correct Answer Incorrect Answer
    D It is derived from customs and usage Correct Answer Incorrect Answer

    Solution

    John Austin, a leading proponent of the analytical school, defined law as the command of the sovereign, backed by sanctions, and intended to be obeyed. According to Austin: • Laws are not derived from customs or morality. • Customs are not “laws properly so called” unless recognized by the sovereign authority. Hence, Option D contradicts Austin's definition of law.

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