The question (15 marks)
Law is the command of the sovereign backed by sanctions. Examine this definition and the criticisms made of it, and consider whether anything of it survives. (15 marks)
MU Module 1, heads on the nature and definition of law.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Nature of Jurisprudence, Law and the State of Jurisprudence / Legal Theory.
Authorities you will need
- John Austin, founder of the analytical school
- Salmond, on the distinction between a law and the law
- The historical and sociological schools, on rules existing before the State
- Olivecrona, on the impossibility of a command by the State as an organisation
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.