HopefullyInLawSchool
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Simple English definitions for legal terms
imperative theory of law
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A quick definition of imperative theory of law:
The imperative theory of law is the idea that laws are rules made by a country or political community that are enforced by courts with the use of physical force. This means that if there are rules that existed before the country or community, they may be similar to laws but they are not considered as such. This theory is different from natural law, which believes that laws should be based on moral principles.
A more thorough explanation:
The imperative theory of law is a belief that law is made up of general commands issued by a country or political community to its citizens. These commands are enforced by courts with the use of physical force. According to this theory, rules that exist before or outside of a country may resemble law, but they are not considered law.
An example of the imperative theory of law is a law that requires citizens to pay taxes. The government issues a command to its citizens to pay taxes, and failure to comply can result in legal consequences such as fines or imprisonment. Another example is a law that prohibits theft. The government commands its citizens not to steal, and those who do can face punishment.
These examples illustrate how laws are created by a political community and enforced through the use of physical force. The imperative theory of law emphasizes the importance of following these commands to maintain order and stability within a society.