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Explain the Austin theory of sovereignty (, Monism)., Answers., AUSTIN'S THEORY OF SOVEREIGNTY, (MONISTIC VIEW):, In the 19th century the theory of sovereignty, as a legal concept was perfected by Austin, an, English Jurist. He is regarded as a greatest, exponent of Monistic Theory. In his book, 'Province of Jurisprudence Determined (1832), Austin observed' 'if a determinate human, superior, not in the habit of obedience to a, like superior, receives habitual obedience, from the bulk of a given society, that, determinate superior is sovereign in that, society and that society (including superior) is, a society political and independent.'
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To Austin in every state there exists an, authority to whom a large mass of citizen, show compliance. This authority is absolute,, unlimited and indivisible., Austin's theory of sovereignty depends, mainly upon his view on nature of law., According to Austin 'Law is a command given, by a superior to inferior' the main tenets of, Austin's theory of sovereignty are as follows-, , 1. Sovereign power is essential in every, political society., a. Sovereignty is a person or body of, persons. It is not necessary that sovereign, should be a single person. Sovereignty may
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reside in many persons also. Austin explains, that a 'Sovereign is not necessarily a single, person, in the modern western world he is, rarely so; but he must have so much of the, attributes of a single person as to be a, determinate.' To Austin state is a legal order,, in which there is a supreme authority, which, is source of all powers. Sovereignty is, concerned with man, and every state must, have human superior who can issue, commands and create laws. Human laws are, the proper subjects of state activity., 2. Sovereign power is indivisible. Division of, sovereignty leads to its destruction. It cannot, be divided.
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3. The command of sovereignty is superior, to over all individuals and associations., Sovereign is not bound to obey anyone's, order. His will is supreme. There is no, question of right or wrong, just or unjust, all, his commands are to be obeyed., 4. Austin's theory says that the obedience, to sovereign must be habitual. It means that, obedience should be continuous. He also, includes that is not necessary that obedience, should come from the whole society. It is, sufficient, if it comes from the lay majority of, people. Obedience should come from bulk of, the society otherwise there is no sovereign., In brief we can say that sovereignty according, to Austin is supreme, indivisible and
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unquestionable., Like all other theories of sovereignty Austin's, theory is also not free from criticism. The first, criticism is regarding sovereignty residing in a, determinate superior. Even sovereign's acts, are shaped by so many other influences, such, as morals, values and customs of the society., Sir Henry Maine gives the example of, Maharaja Ranjit Singh. He pointed out that, the Maharaja 'could have commanded, anything. The smallest disobedience to his, command would have been followed by death, or mutilation.' In spite of this, the Maharaja, never 'once in all his life issued a command, which Austin could call a law. The rules which, regulated the life of his subjects were derived
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from their immemorial usage.', Secondly Austin says that the sovereign is, possessed of unlimited powers, which is again, not acceptable. It is possible only in theory, not in practice. Laski points out that 'no, sovereign has anywhere possessed unlimited, power and attempt to exert it has always, resulted in the establishment of safeguards.', Thirdly Austin says that sovereign is, indivisible. All powers must be centered in the, hands of one person or a body of persons, called sovereign. But this has been also, disproved by Federal system of governments., It is characteristic of federal state that power, must be divided between the federal, government and its units.
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Austin's theory is criticized further on the, grounds of his definition of law. Austin, defines law as 'command given b a superior to, inferior'. This is also not true. No sovereign, can ignore the existence of customary law,, which has grown through usage in every, country., , It seems to be that Austin's theory may not be, accepted as valid for political philosophy. His, legal theory of sovereign. narrows down 'the, meaning of vital terms.' It should, however be, admitted that as an analysis of strictly legal, nature of sovereignty. Austin's theory is clear, and logical.
