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John Austin defined law as 'the aggregate of rules set by man as politically superior to political subject', identifying command, duty and sanction as its three elements. This places Austin within which school?
Answer & Solution
Correct answer: B.
1. Austin's definition treats law as the command of the sovereign backed by sanction.
2. The unit places this within the Positivistic Definition of Law.
3. Three elements identified are command, duty and sanction.
4. Kelsen's 'pure theory of law' with 'Grundnorm' also sits within positivism.
5. Salmond, Savigny and Roscoe Pound belong to other schools.
_Source: ICSI CS Executive Programme, Paper 1 "Jurisprudence, Interpretation and General Laws", Lesson 1 "Sources of Law" (Nov 2021 edition, pp 2-19)._
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