Question

Who among the following political thinkers considered law as 'nothing else than the command of the sovereign in the exercise of his sovereign power'?

• A. Hugo Grotius
• B. John Austin
• C. Jean Bodin
• D. Thomas More

Hint:

John Austin's legal positivism emphasizes the idea that laws are commands issued by the sovereign and enforced through state power.

Answer 1

The Correct Option is B

Step 1: Understanding John Austin's theory of law.
John Austin, a legal positivist, defined law as the command of the sovereign. According to Austin, law is the expression of the will of a sovereign authority and has its foundation in the coercive power of the state. He is associated with the "command theory" of law, which views law as a set of commands backed by the threat of sanctions.
Step 2: Analysis of options.
- (1) Hugo Grotius: Grotius focused on natural law and did not describe law as the command of the sovereign in this way.
- (2) John Austin: This is correct. Austin is known for his command theory of law, which treats law as the command of the sovereign.
- (3) Jean Bodin: Bodin emphasized sovereignty but did not conceptualize law solely as the command of the sovereign.
- (4) Thomas More: More was concerned with utopian ideals, not legal positivism.
Step 3: Conclusion.
The correct answer is (2) John Austin.