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    Question

    John Austin's concept of "law" in his positivist theory

    is best described as:
    A A command issued by a sovereign, backed by a sanction, directed at a political inferior Correct Answer Incorrect Answer
    B A moral rule recognised and enforced by the state Correct Answer Incorrect Answer
    C A social norm that evolves from the customs and traditions of a people Correct Answer Incorrect Answer
    D A rule of conduct derived from natural reason applicable to all human beings Correct Answer Incorrect Answer

    Solution

    Explanation:
    John Austin, in his seminal work The Province of Jurisprudence Determined (1832), propounded the Command Theory of Law within the Legal Positivist school. According to Austin, law is defined by three essential elements: ​ 1.    Command A wish of a superior (sovereign) expressed to an inferior 2.    Duty The obligation imposed on the inferior to obey 3.    Sanction The evil or punishment that follows disobedience The sovereign, in Austin's theory, is a person or body of persons who receives habitual obedience from the bulk of society but does not habitually obey any other superior. This distinguishes "positive law" from morality, religion, or natural law. Option B confuses law with morality, Austin sharply separates the two (the "separation thesis.

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