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- 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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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
The English jurist John Austin (1790–1859) formulated it...
- Legal Obligation and Authority
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
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. Austin opposed traditional approaches of "natural law", arguing against any need for connections between law and morality. Human legal ...
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, JOHN(1790–1859) John Austin, the most influential English legal philosopher of the analytical school, was born in London; at the age of sixteen he enlisted in the army and served five years, resigning his commission to study law. He was called to the bar in 1818.
Summary. As Lobban explains, Austin thought of jurisprudence as the study of concepts, principles and distinctions that are common to various, possibly only mature, legal systems. He considers Austin’s command theory and concept of a sovereign and Austin’s thoughts on the relation between law and morality and on legal reasoning and judge ...