Austin’s Definition of Law and It’s Applicability in India
Lead author · Corresponding
Kushagra Bhatnagar
Student at SCLC, Pune
Abstract
Austin is recognized as the father of analytical school of law. According to him “Law is the command of a sovereign backed by the sanction “, but Austin ignored some elements like relation between state and citizen, important aspects of democratic country like freedom of thoughts, equality etc. Austin’s theory is completely based on ‘Sovereign ‘, but it is not suitable for India because there is no monarch system. Secondly sanction is a part of law but ‘only sanction’ is not the part of law. Thus, his theory is not applicable in countries like India which have modern political thoughts, a good relationship between state and citizens and a strong democratic system.
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