Imagine a powerful sovereign who issues commands to his subjects. They are under a duty to comply with his wishes. The notion of law as a command lies at the heart of classical legal positivism as espoused by its two great protagonists, Jeremy Bentham and John Austin. Modern legal positivists adopt a considerably more sophisticated...Read More
Many of the theories outlined in the previous five chapters are greeted with scepticism by those who adhere to what, in the broadest sense, may be called critical legal theory. This wing of legal theory generally spurns many of the enterprises that have long been assumed to be at the heart of jurisprudence. And it...Read More