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person1826–1859

John Austin

Disciplines:
jurisprudence/philosophy of law
jurisprudence/legal positivism
jurisprudence

Summary

John Austin was a 19th-century English jurist who founded modern legal positivism, defining law as commands issued by a sovereign backed by sanction.

Core Contribution

Austin's command theory holds that law is nothing more than the general commands of a sovereign habitually obeyed by a populace; separating the question of what law is from the question of what law ought to be became the cornerstone of legal positivism.

Key Spikes & Highlights

  • Command theory (a law is a command issued by a sovereign; rules without a sovereign backing are not law but positive morality)
  • Sovereign supremacy (the sovereign is legally unlimited; constitutional constraints are political, not legal, restraints)
  • Law-morality separation (the existence of law is one thing; its merit or demerit another)
  • Analytical jurisprudence (jurisprudence should analyze the structure of law, not criticize or reform it)

Notable Works & Achievements

The Province of Jurisprudence Determined

Lectures on Jurisprudence

Historical Influences

Jeremy Bentham Thomas Hobbes

Intellectual Lineage

Benthamite utilitarianism English common law tradition

Contemporaries & Peers

Jeremy Bentham John Stuart Mill James Mill

Minds Influenced

H. L. A. Hart Joseph Raz

Intellectual Posterity

Legal positivism Command theory of lawSeparation of law and morality

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