Criticism of Austin's Theory of Sovereignty. The classical theory of sovereignty in general and its Austrian exposition in particular have been subjected to scathing criticism by many philosophers and political scientists. Some of these criticisms are give below:
A careful study of Austin's theory of legal sovereignty. Austin was an English jurist of the 19th century. He belongs to the classical school of thought. The theory of sovereignty finds perfection in his hands.
Notes on the historical or evolutionary theory regarding the origin of the State. Various theories have been put forward to explain the origin of the state. Some philosophers assert that the state is the result of social contract or an agreement between the people and the sovereign.
The theory of Social Contract reached its culmination in the works of Rousseau. After that it began to decline. Bentham called it a title. Bluntschli characterized it as highly dangerous.
Hobbes lived in England during the Stuart period when the controversy between the King and the Parliament took a serious turn and Parliament was struggling for its authority while the kings were fighting for the preservation of their absolute rule.
How far is the theory of force a justification for the origin of the State? The theory of force has been advanced as an historical interpretation of the origin and development of the state.
General Criticism against Matriarchal Theory regarding the origin of the State. History does not prove adequately the universality of such families among the primitive people. Both the types of family, i.e., patriarchal and matriarchal prevailed simultaneously.
Notes on Matriarchal Theory regarding the origin of the State. Morgan, Meclennan and Edward Jenks severely criticized the patriarchal theory. According to them, patriarchal families were non existent in the primitive ages.
Criticism against Patriarchal theory regarding the origin of the State. The patriarchal theory has been criticized by seven writers on the following grounds :
Patriarchal and Matriarchal theory regarding the origin of the State. Sir Henry Maine is the chief advocate of the patriarchal theory. He defines it as theory of the origin of society in separate families, held together by the authority and protection of the eldest male descendant.