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Law is the highest reason, implanted in nature, which commands what ought to be done
and forbids the opposite. True law is right reason in agreement with nature. To curtail
this law is unholy, to amend it illicit, to repeal it impossibleCicero.
S. P. Gupta v. President of
India( AIR 1982 SC 149)
In S. P. Gupta v. President of India the
one day and says to his father Child: Mr. Smith (the head
master of the school) has made a new rule. No children
with fair hair are to get arithmetic lessons. They are to
do extra woodwork instead. I think its stupid, Father:
Wow Child: After all, were at school to learn arent we?
How can I do what Im there for if I get arithmetic?
Father: Well, it seems unfortunate, I agree. But Mr. Smith
is the head master. He makes the rules. What he says
goes. Child: But surely, he cant make a rule like that? I
mean, it goes against what the school is for. The school
governors wouldnt allow it. It cant really be a rule at all,
can it? Father: Um! Child: Well, I dont think it is a rule. It
cant be. Father: And do you intend to disobey it? Child:
Um!
practiced law
for seven year but without
success. In 1819, he married Sarah Taylor a
women of great intelligence and energy. When
the university of London was founded, Austin
was appointed as professor of jurisprudence
and he spent the two years in preparing his
lectures.
His publications had a profound influence on
English
jurisprudence.
They
include
The Province of Jurisprudence Determined
(1832), and Lectures on Jurisprudence.
Definition
Austin
Austins definition of law: a rule laid down
Definition Austin
Law is a command of the sovereign
The Separation
Thesis
The existence of law is one thing, its
Sovereignty
Sovereignty
Command
Command
However all the command are not laws,
Sanction
Sanctions are essential for the existence
Sanction
Prof.
Supreme in power
The power of the sovereign is incapable of
legal limitation. Austin says: Supreme power
limited by positive law is a flat contradiction in
terms. One may ask what about his position in
relation to the constitution? May a body be
sovereign yet subject to the constitutional law?
Austin answers, no. A sovereign is subject to
no legal limitation. He explains that whenever
there is a conflict between the principles of the
constitution and the act of the sovereign, the
latter must thwart the former.
obedience;
Customs ignored;
Law conferring privileges;
Judge- made Law;
International Law;
Bentham
Benthams
Bentham
Expositorial
jurisprudence-(what
the
law is).
Censorial
jurisprudence-(what
law
ought to be).
An Introduction to the Principles of
Morals and Legislation-book