SANCTION THEORY OF JURISPRUDENCE: SOLUTION TO COVID-19
In 1832, John Austin lectures were published under the title – “ The Province of Jurisprudence determined” where it denied Law, properly so called, as a command of sovereign backed by the sanction. There are four basic elements of Austin theory of positive law- Sovereign, Command, Duty and sanction. His theory is been criticized on various outcomes such as customs, judge made law, International law, command theory, relation of law and morals over-looked. In spite of the above mentioned criticism, the author would throw some light upon the sanction element and opined its linkage to the present pandemic situation in India and try to justify the said theory considering the casual behavior of citizens. The Austin theory is largely criticized for the reason being that the sanction is not the only means to induce the obedience and law is obeyed because of its acceptance by the community. In furtherance of same,...