September 29, 2016

There are two sets of rules, primary rules and secondary rules. The primary rules are formed by the sovereignty. The secondary rules are formed by the Society. Law if the combination these primary and secondary rules. This combination creates obligations upon the individuals to obey with their free will and consent.

According to John Austin, law is the command of sovereign, whereas such commands are like those of coercive and being obliged. Thus, the question is what is sovereign? OR in other words, define the term sovereign.

A Sovereign is a sovereign within a State and the State is a legally defined Organisation consisting of territory, population, government and a measure of independence in external relations. The Sovereign may be a monarch or Houses of Parliament.

The Sovereign has command on its subjects. The Subjects are thus inferior to the Sovereign. A Sovereign is any person or a body of persons, whom the bulk of a political, socially habitually obeys, and who does not himself habitually obey some other person or persons.

Law stands in need of sanction. Sovereign fulfills it. Therefore, we can say that, the will of the Sovereign is the source of the law. Hence, the violation of the law means the violation of the will of the sovereign.

In other words, the violation of the law meets with punishments and the sovereign is authorised to punish the subjects who violate the laws. Thus, according to John Austin, international law is not a law as there is no sanction and enforcing capacity.


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