Correct option is A
John Austin, a prominent legal philosopher and the founder of the Analytical School of Jurisprudence, rejected customary law as law in the true sense. According to Austin, law is a command issued by a sovereign and backed by a sanction. For Austin, only those laws that are explicitly laid down by a political superior to a political inferior and enforced by the sovereign are considered real laws. Customary law, in his view, does not fit this definition because it is not commanded by a sovereign authority and lacks the element of coercion, which is central to his definition of law.
Information Booster:
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Austin’s Command Theory: Law is defined as a command issued by a sovereign, to which the subjects are habitually obedient, and is enforced by sanctions.
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Customary Law: Customary law refers to practices and norms that have developed over time within a community or society, which are not necessarily codified but are recognized as binding.
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Analytical Jurisprudence: Austin's approach is part of the Analytical School, which emphasizes a clear, systematic analysis of legal concepts, separating law from morality.
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Sovereignty: According to Austin, only the sovereign has the authority to make laws, and customary laws, which evolve from societal practices, do not meet this criterion.
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Criticism of Austin: His exclusion of customary law has been criticized by jurists who argue that law can exist in forms other than those directly commanded by a sovereign, such as customary or common law.
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Influence on Legal Theory: Despite criticism, Austin's theories significantly influenced legal positivism and the development of legal systems based on codified laws.
Additional Information:
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Kant (b): Immanuel Kant, a philosopher, did not specifically focus on rejecting customary law but rather emphasized the moral basis of law.
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Keeton (c): George W. Keeton recognized customary law as an important part of legal systems, especially in common law jurisdictions.
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Savigny (d): Friedrich Carl von Savigny, in contrast to Austin, emphasized the importance of customary law, arguing that law evolves organically from the customs and traditions of a people.
