Name- Prajakta uddhav mandave Roll no 5410 Subject teacher-M.S.khairnar

1. Presented by-
Prajakta Uddhav Mandave
NLC-IV
Roll No-5410
Yashwantrao Chavan Law College , Karad

2. CONTENT
Introduction
History
Austin’s theory of Positivism
Theory of Imperative law
Criticism
Impact

3. Austins theory of positivism
 According to Austin law are of two types:
 1.Law properly so called
 It is divided into two parts-
 Laws of God-laws set by God to men
 Human laws-laws set by men to men, they may be
further divided into two pats
 Positive laws: laws set by political superiors
 Positive morality: this class includes international law
 2.Laws improperly so called: this law includes ‘laws
by metaphor’ and ‘laws by analogy’

4. Theory of Imperative law
 This theory also called positive law
positive law has four elements :
• Sovereign
• Command
• Duty
• Sanction
Duty and Sanction are the components of
Command.

5. Criticisms
 Customs are overlooked /ignored
 No place for judge-made law
 The interrelation between law and morality
is completely ignored
 Sanction alone is not the means to induce
obedience
 Law is not always shaped in the form of
command
 All commands is not laws
 Conventions is not law
 Over emphasis on logic

6. Impact of positivism
Has its own impact on the world of social
thinking.
1.Revival of Natural law theory
Reasons for revival of Natural law theory

7. THANKS