The Imperative Theory of Law was proposed by John Austin, who defined law as "the command of a sovereign, backed by sanctions." According to Austin, law derives from human lawmakers rather than divine authority. Austin's theory viewed the sovereign as the clear source of authority whose commands constituted law. However, the theory has also been criticized for ignoring customary law, morality, precedents, and its incompatibility with constitutional democracies. While criticized, the Imperative Theory provides a useful interpretation of law as positive and objective rules created by humans.

1. Imperative Theory of
Law
Humaira Tahir
Advocate High Court

2. Introduction
The Imperative Theory of Law was given by John Austin, an American legal
philosopher who has been a huge influence on modern-day understanding of
Law. His ideas about Law form the basis of defining and understanding law.

3. Legal Positivism
Legal Positivism also says that all Positive laws can be traced back to Human
Lawmakers and have no divine sanction, but are rules made by humans for
humans.

4. Definition of Austanian Theory-Imperative
Theory
“Law is command of sovereign enforceable with sanctions”

5. Basic Features of Definition:
• Law is a command
• Of Sovereign
• Enforceable with
• Sanctions

6. Idea of the Sovereign
• The Sovereign’s power must be unlimited and indivisible.
• The Sovereign must be clearly located and easily identifiable.
• The commands of the Sovereign must be considered Law.
“ Person or group of persons to whom bulk of people obeys habitually
but he himself doesn’t obey any other person”

7. Criticism
• Ignores Customary Law
• Law as command
• Gunman theory
• Ignores morality
• Ignores precedents
• Ends personal liberty
• Not applicable in constitutional laws

8. Conclusion
• It is clear that the Imperative theory of law lays out a useful, valuable and
valid interpretation of Law which sees law as positive, objective and devoid
of any ethical concerns.
• We established that while the theory may be widely criticized, the theory still
holds immense legal and academic value.