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Encyclopedia > John Austin (legal philosophy)

John Austin (1790 - 1859) was a jurist, served in the army in Sicily and Malta, but, selling his commission, studied law, and was called to the Bar 1818. He discontinued his practice shortly after, devoted himself to the study of law as a science, and became Professor of Jurisprudence in London University 1826-32. Thereafter he served on various Royal Commissions. By his works he exercised a profound influence on the views of jurisprudence held in England. These include The Province of Jurisprudence Determined (1832), and his Lectures on Jurisprudence. 1790 was a common year starting on Friday (see link for calendar). ... 1859 is a common year starting on Saturday. ... A jurist is a professional who studies, develops, applies or otherwise deals with the law. ... Sicily (Sicilia in Italian) is an autonomous region of Italy and the largest island in the Mediterranean Sea, with an area of 25,700 sq. ... The Province of Jurisprudence Determined is a book written by John Austin, first published in 1832, in which he sets out his theory of law generally known as the command theory. Austin believed that the science of general jurisprudence consisited in the clarification and arrangement of fundamental legal notions. ...


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References

A Short Biographical Dictionary of English Literature is a collection of biographies of writers by John W. Cousin, published around 1910. ...

External links

  • Stanford Encyclopedia of Philosophy entry (http://plato.stanford.edu/entries/austin-john/)

  Results from FactBites:
 
John Austin (3345 words)
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 cannot be ignored.
Legal positivism asserts (or assumes) that it is both possible and valuable to have a morally neutral descriptive (or “conceptual”—though this is not a term Austin used) theory of law.
Austin's analysis can be seen as either a paradigm of, or a caricature of, analytical philosophy, in that his discussions are dryly full of distinctions, but are thin in argument.
Legal Positivism [Internet Encyclopedia of Philosophy] (6957 words)
Legal positivism is a conceptual theory emphasizing the conventional nature of law.
On Austin's view, a rule R is legally valid (i.e., is a law) in a society S if and only if R is commanded by the sovereign in S and is backed up with the threat of a sanction.
According to this view, legal principles are like legal rules in that both derive their authority under the rule of recognition from the official acts of courts and legislatures.
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