Austin’s Theory of Legal System

Abstract

This chapter begins with a brief discussion of how Austin's theory of legal system is virtually a by-product of his definition of ‘a law’. Both the theory and the definition revolve around and presuppose the applicability of one concept — the concept of sovereignty. It then considers his concept of sovereignty, and proceeds to discuss his criterion of existence, his criterion of identity, and his theory of the structure of a law, which lays the groundwork for his theory of the structure of a legal system.