What is theory?

Theory is set of ideas intended to explain or elaborate something

• Meaning of Positive law.

Set of ideas that explain something. The meaning of positive law is manmade law. There is different term using for positive law, legal positivism, Austin theory of law, imperative theory of law, command theory.

Basically this theory explains what is law? john Austin and Bentham  is the founder of this law or theory. John salmond and Kelson are the follower of this theory.

• What is positive of law.

  

It is divided into four ingredients/elements/essentials Of positive theory.

“Law is the command of sovereign back by the sanction.”

Command

Sovereign

Duty

Sanction/Punishment.

• Positive law focuses on what law is? Not what law should be.
• Legal positivism separate of things , what is law and what what should be .
• Legal positivism said that law has given to you that has been fix we cannot change it according to own self. We should follow as it is.
• Imperative theory is the subject of legal positivism. Imperative theory is just subject while legal positivism tell as about the conventional nature of law.
• Positive law base on analytical school of thought. Mean analysis of law, what is law, what is kinds of law, what is ownership and possession, what is rights and duties.

Criticism:

• Sovereign is not only source of law.

According to Austin Sovereign is only source of law, But according to other jurists sovereign is not only source of law, besides sovereign, customs, usages, and religions are also the important source of law.

• Judge made law ignored.

Austin did not include judge made law in his definition of law, he ignore judge made law, according to him that is not law.

• Convention ignored:

International convention are ignored in the definition of Austin definition of law.

• International law ignored:

In Positive law theory international law also ignore.

• Over emphasis on physical Force: