Abstract

H. L. A. Hart’s criticism of Austin’s theory of law is that it is essentially false to the facts. Austin asserts that “Every positive law simply and strictly so called, is set by a sovereign person, or sovereign body of persons, to a … person or persons in a state of subjection to its author.” Laws get their force from the threat of sanction. This view, which we may call “the gunman theory of law,” is what Hart criticizes. Too many laws, he argues, do not look like commands backed by sanctions for us to find this theory compelling.