John Austin (legal philosopher)
Encyclopedia
John Austin was a noted British
jurist
and published extensively concerning the philosophy of law and jurisprudence
.
Austin served with the British Army in Sicily
and Malta
, but sold his officer's commission to study law. He became a member of the Bar
during 1818. He discontinued his law practice soon after, devoted himself to the study of law as a science, and became Professor of Jurisprudence in the University of London
(now University College London
) 1826-32. Thereafter he served on various Royal Commissions.
His publications had a profound influence on English jurisprudence.
They include The Province of Jurisprudence Determined
(1832), and Lectures on Jurisprudence.
On 24 August 1819, Austin married Sarah Taylor, who also became an author, at St George Colegate, Norwich.
John Austin is best known for his work developing the theory of legal positivism
. He attempted to clearly separate moral rules from "positive law."
Austin was greatly influenced in his utilitarian approach to law by Jeremy Bentham
. Austin took a positivist approach to jurisprudence; he viewed the law as commands from a sovereign that are backed by a threat of sanction. In determining 'a sovereign', Austin recognized it as one who society obeys habitually. However, Herny Main in "Early Institutions" proved that in some Empires of the orient there is nothing to correspond with "determinate superior" or sovereign.
English people
The English are a nation and ethnic group native to England, who speak English. The English identity is of early mediaeval origin, when they were known in Old English as the Anglecynn. England is now a country of the United Kingdom, and the majority of English people in England are British Citizens...
jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
and published extensively concerning the philosophy of law and jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
.
Austin served with the British Army in Sicily
Sicily
Sicily is a region of Italy, and is the largest island in the Mediterranean Sea. Along with the surrounding minor islands, it constitutes an autonomous region of Italy, the Regione Autonoma Siciliana Sicily has a rich and unique culture, especially with regard to the arts, music, literature,...
and Malta
Malta
Malta , officially known as the Republic of Malta , is a Southern European country consisting of an archipelago situated in the centre of the Mediterranean, south of Sicily, east of Tunisia and north of Libya, with Gibraltar to the west and Alexandria to the east.Malta covers just over in...
, but sold his officer's commission to study law. He became a member of the Bar
Bar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...
during 1818. He discontinued his law practice soon after, devoted himself to the study of law as a science, and became Professor of Jurisprudence in the University of London
University of London
-20th century:Shortly after 6 Burlington Gardens was vacated, the University went through a period of rapid expansion. Bedford College, Royal Holloway and the London School of Economics all joined in 1900, Regent's Park College, which had affiliated in 1841 became an official divinity school of the...
(now University College London
University College London
University College London is a public research university located in London, United Kingdom and the oldest and largest constituent college of the federal University of London...
) 1826-32. Thereafter he served on various Royal Commissions.
His publications had a profound influence on English jurisprudence.
They include The Province of Jurisprudence Determined
The Province of Jurisprudence Determined
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'...
(1832), and Lectures on Jurisprudence.
On 24 August 1819, Austin married Sarah Taylor, who also became an author, at St George Colegate, Norwich.
Theories on legal positivism
The three basic points of Austin's theory of law are that:- the law is command issued by the uncommanded commander—the sovereign;
- such commands are backed by threats; and
- a sovereign is one who is habitually obeyed
John Austin is best known for his work developing the theory of legal positivism
Legal positivism
Legal positivism is a school of thought of philosophy of law and jurisprudence, largely developed by nineteenth-century legal thinkers such as Jeremy Bentham and John Austin. However, the most prominent figure in the history of legal positivism is H.L.A...
. He attempted to clearly separate moral rules from "positive law."
Austin was greatly influenced in his utilitarian approach to law by Jeremy Bentham
Jeremy Bentham
Jeremy Bentham was an English jurist, philosopher, and legal and social reformer. He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism...
. Austin took a positivist approach to jurisprudence; he viewed the law as commands from a sovereign that are backed by a threat of sanction. In determining 'a sovereign', Austin recognized it as one who society obeys habitually. However, Herny Main in "Early Institutions" proved that in some Empires of the orient there is nothing to correspond with "determinate superior" or sovereign.