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Feb 24, 2001 · First published Sat Feb 24, 2001; substantive revision Fri Jan 14, 2022. John Austin is considered by many to be the creator of the school of analytical jurisprudence, as well as, more specifically, the approach to law known as “legal positivism.”.
- Legal Obligation and Authority
As the English jurist John Austin puts it, [w]hen I am...
- Law: and Language
(Bentham 1776, 109; cf. John Austin 1832, 14). Hart used the...
- Nature of Law
Since the early 19th century, natural law theories have been...
- Naturalism in Legal Philosophy
1. Varieties of Naturalism: Methodological and Substantive....
- Legal Positivism
Legal positivism is the thesis that the existence and...
- Legal Obligation and Authority
John Austin (3 March 1790 – 1 December 1859) was an English legal theorist who posthumously influenced British and American law with an analytical approach to jurisprudence and a theory of legal positivism.
John Austin was an English jurist whose writings, especially The Province of Jurisprudence Determined (1832), advocated a definition of law as a species of command and sought to distinguish positive law from morality. He had little influence during his lifetime outside the circle of Utilitarian.
- Herbert Lionel Adolphus Hart
Summary of John Austin’s Legal Positivism: John Austin (1790-1859) was a nineteenth century British legal philosopher who formulated the first systematic alternative to both natural law theories of law and utilitarian approaches to law.
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Austin’s analysis of the notions of action and responsibility casts light on that of freedom, which is clarified by the examination of “all the ways in which each action may not be ‘free’” (Austin 1956a/1961, 180).
John Austin command theory obedience morality legal reasoning. Type. Chapter. Information. The Cambridge Companion to Legal Positivism , pp. 225 - 247. DOI: https://doi.org/10.1017/9781108636377.010. Publisher: Cambridge University Press. Print publication year: 2021. Access options.
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