Austin’s simple command test ultimately proved inadequate in application.

Evidence

Austin’s model is quite beautiful in its simplicity. It asserts the first tenet of positivism, that the law is a set of rules specially selected to govern public order, and offers a simple factual test-what has the sovereign commanded?-as the sole criterion for identifying those special rules. In time, however, those who studied and tried to apply Austin’s model found it too simple. — Ronald M. Dworkin, The Model of Rules, 35

Categorization

  • XREF: connects to: In time, however, those who studied and tried to apply Austin’s model found it too simple. Many objections were raised, among which were two that seemed fundamental.