Here is the synopsis of our sample research paper on Hart’s Perspective of Command Theory. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
Hart criticized Austin’s command theory on a number of grounds, including the failure of command theory to take into account internal points of view and the ‘gunman writ large’ issue. This 6 page paper examines the theory and looks at these criticisms to determine their validity. The bibliography cites 6 sources.
Page Count:
6 pages (~225 words per page)
File: TS14_TEcommandth.doc
Buy This Term Paper »
Unformatted sample text from the term paper:
of command theory there is much to support the concept, but Hart finds a number of flaws in the concept, which he believed undermined command theory to explain jurisprudence. In
order to assess the criticisms of Hart, which include the failure of command theory to take into account internal points of view and the gunman writ large issue, the basic
concept and application of Austins command theory need to be assessed and then examined from the perspective of Harts criticism. In Austins lectures "The Provenience pf Jurisprudence Determined", originally
published in 1832, the concept of command theory is laid down. The law is seen as laid down by political superiors to political inferiors (Austin, 2010). In this context the
political superior is deemed to be a sovereign (McLeod, 2003). A Sovereign in this context is not the ruler; someone who as the right to rule or rules legitimately, as
this would start to move towards the inclusion of morals in the law which is a concept rejected by positivism. In the context of command theory the sovereign is the
party that is habitually obeyed (Strauss, 1996). Whoever, or whatever, is able to gain the general habitual obedience of the populace is deemed to be sovereign (Strauss, 1996). The
law is then issued by that sovereign and will have the power of threat and force, with ability to enforce sanctions (Strauss, 1996). It is notable that in his treaties
Austin expressly excludes the inclusion of divine law, which up until this point may have been argued subjectivity as being included (McLoed, 2003). Austin defines the concept of command
as "(1) A wish or an idea, conceived by a rational being, that another rational being shall do or forebear. (2) An evil to proceed from the former to be
...