Austin’s Relevance: Pensiveness of Modern Jurists Ferreting a Critique
Lead author · Corresponding
Dr. Syed Mohammad Yawar
Assistant Professor at Department of Law, Aligarh Muslim University, Aligarh, India
Abstract
John Austin heralded an era of discussion and debate by propounding the Command theory in the Juristic Circles. Non-acceptance and search of its criticism became the goal of jurists who came later in history. He had been denied the appraisal by the majority but the truth is that he started the intelligent legal debates which can be called to be the source of English Positivism. This paper tries to analyse the causes of its rejection, the alternatives and the relevance of command theory as a source of jurisprudence.
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