The Imperative theory of law: An aberation in contemporary times

To think of law as “a command of the sovereign backed by sanction”,conceals and distorts more than it illuminates. But this is the position of JohnAustin in his imperative theory of law which euates law with the commandof one in authority. This understanding of law as a command is against thetenets of contemporary world democracy, which lays emphasis on freedom

and !ustice as possible ways of ensuring cordial relationship and regulatingconduct among men in various societies. "t is against this background weargue that the imperative theory of law is an aberration in the contemporaryworld. The ob!ective of this paper is to show or highlight the strength andweaknesses of the imperative theory of law. "t would further show that theimperative theory of law may have served its purposes in the days of Austinian legal theory but has become an aberration as far as the globali#ingworld is concerned. $e shall adopt as our methodology, the phenomenological hermeneutics of the %eideggerian fashion which calls for openness and critical analysis of issues without pre!udice.