It was in the 19th century that the term Jurisprudence began to acquire a technical signature, all because of Mr. John Austin (1790-1859), an English jurist, who created a hot debate on the simple question "What is Law ?"

His first six lectures which form the crux of his theory titled "The Province of Jurisprudence Determined" was published in 1832, and the rest of his work was published in 1861. The Austin theory formed the basis of "English Legal Thought" during the nineteenth century. His categorization of Law was into several classes, but the most important was the distinction between Divine Law and Human Law.

Divine Law is that which is given to man by God, but on the other hand, Human Laws are the set of Laws by and for man himself. He further divided these into two categories, Laws set by political superior to political inferior, and the Laws that are set by a person for another like of master to servant, which he termed as "Positive Law" His focus of study was "Positive Law" as that is the subject matter of Jurisprudence.

His aim was to distinguish "Positive Law" from morality and ethics and so he is also called as positivist. His theory is also known as "Command Theory". It's that which is designed by one person to another, the non-compliance of which will invite evil consequences.

His "Command Theory" was highly condemned. Some contend his theory disturbed the Legal Authorities and Political Powers. Some hold, it leads to state tyranny. The strongest remark was in the book "The Concept of Law" by Professor Hart published in 1961. Despite his criticism, his vital contribution to Jurisprudence has been acknowledged the world over. He passed away in 1859 at the age of 69.