The Legacy of John Austin's Jurisprudence (Law and Philosophy Library Book 103)

This is the first ever collected volume on John Austin, whose role in the founding of analytical jurisprudence is unquestionable. After 150 years, time has come to assess his legacy. The book fills a void in existing literature, by letting top scholars with diverse outlooks flesh out and discuss Austin’s legacy today. A nuanced, vibrant, and richly diverse picture of both his legal and ethical theories emerges, making a case for a renewal of interest in his work. The book applies multiple perspectives, reflecting Austin’s various interests – stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law – and it offers a comparative outlook on Austin and his legacy in the light of the contemporary debate and major movements within legal theory. It sheds new light on some central issues of practical reasoning: the relation between law and morals, the nature of legal systems, the function of effectiveness, the value-free character of legal theory, the connection between normative and factual inquiries in the law, the role of power, the character of obedience and the notion of duty.​ This is the first ever collected volume on John Austin, whose role in the founding of analytical jurisprudence is unquestionable. After 150 years, time has come to assess his legacy. The book fills a void in existing literature, by letting top scholars with diverse outlooks flesh out and discuss Austin's legacy today. A nuanced, vibrant, and richly diverse picture of both his legal and ethical theories emerges, making a case for a renewal of interest in his work. The book applies multiple perspectives, reflecting Austin's various interests - stretching from moral theory to theory of law and state, from roman law to constitutional law - and it offers a comparative outlook on Austin and his legacy on the backdrop of the contemporary debate and major movements within legal theory. It sheds new light on some central issues of practical reasoning: the relation between law and morals, the nature of legal systems, the function of effectiveness, the value-free character of legal theory, the connection between normative and factual inquiries in the law, the role of power, the character of obedience and the notion of duty? John Austin And Constructing Theories Of Law / Brian H. Bix -- Austin's Methodology? His Bequest To Jurisprudence / Andrew Halpin -- Darkening The Fair Face Of Roman Law : Austin And Roman Law / Andrew Lewis -- Austin, Kelsen, And The Model Of Sovereignty : Notes On The History Of Modern Legal Positivism / Lars Vinx -- Austin And Scandinavian Realism / Patricia Mindus -- Sense And Nonsense About Austin's Jurisprudence From A Scandinavian Perspective / Jes Bjarup -- Did Austin Remain An Austinian? / Wilfred E. Rumble -- Austin And The Electors / Pavlos Eleftheriadis -- Positive Divine Law In Austin / James Bernard Murphy -- What Is In A Habit? / Michael Rodney -- Austin, Hobbes, And Dicey / David Dyzenhaus -- John Stuart Mill On John Austin (and Jeremy Bentham) / Philip Schofield -- Austin And The Germans / Michael Lobban -- Positivism Before Hart / Frederick Schauer -- Reconstructing Austin's Intuitions : Positive Morality And Law / Isabel Turégano Mansilla. Michael Freeman, Patricia Mindus, Editors. Includes Bibliographical References. Front Matter....Pages i-x John Austin and Constructing Theories of Law....Pages 1-13 Austin’s Methodology? His Bequest to Jurisprudence....Pages 15-40 “Darkening the Fair Face of Roman Law”: Austin and Roman Law....Pages 41-49 Austin, Kelsen, and the Model of Sovereignty: Notes on the History of Modern Legal Positivism....Pages 51-71 Austin and Scandinavian Realism....Pages 73-106 Sense and Nonsense About Austin’s Jurisprudence from a Scandinavian Perspective....Pages 107-129 Did Austin Remain an Austinian?....Pages 131-153 Austin and the Electors....Pages 155-168 Positive Divine Law in Austin....Pages 169-183 What Is in a Habit?....Pages 185-214 Austin, Hobbes, and Dicey....Pages 215-236 John Stuart Mill on John Austin (and Jeremy Bentham)....Pages 237-254 Austin and the Germans....Pages 255-270 Positivism Before Hart....Pages 271-290 Reconstructing Austin’s Intuitions: Positive Morality and Law....Pages 291-311 Back Matter....Pages 313-316