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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. [1] Austin opposed traditional approaches of "natural law", arguing against any need for connections between law and morality.
Feb 24, 2001 · 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.”. Austin’s particular command theory of law has been subject to pervasive criticism, but its simplicity gives it an evocative power that continues to attract adherents.
John Austin (born March 3, 1790, Creeting Mill, Suffolk, Eng.—died December 1859, Weybridge, Surrey) 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 ...
- 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. (Bentham and Mill were utilitarians, advancing the view that there should be a separation between law and ...
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Feb 24, 2001 · This is a file in the archives of the Stanford Encyclopedia of Philosophy. John Austin. First published Sat Feb 24, 2001; substantive revision Thu Feb 17, 2005. 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.”.
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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. The following year he married Sarah Taylor, a woman of great ...
Jan 3, 2003 · Legal Positivism. First published Fri Jan 3, 2003; substantive revision Tue Dec 17, 2019. Legal positivism is the thesis that the existence and content of law depends on social facts and not on its merits. The English jurist John Austin (1790–1859) formulated it thus: The existence of law is one thing; its merit and demerit another.
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