The Legacy of John Austin's Jurisprudence

Author: Michael Freeman,Patricia Mindus

Publisher: Springer Science & Business Media

ISBN: 9400748302

Category: Law

Page: 318

View: 6076

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.​

Deutsche und Europäische Juristen aus neun Jahrhunderten

Eine biographische Einführung in die Geschichte der Rechtswissenschaft

Author: Gerd Kleinheyer,Jan Schröder

Publisher: UTB

ISBN: 3825245268

Category: Law

Page: 622

View: 1521

"Deutsche und Europäische Juristen aus neun Jahrhunderten" stellt Leben und Werk der bedeutendsten deutschen und europäischen Juristen des Mittelalters und der Neuzeit vor. Im Bild dieser Juristenpersönlichkeiten spiegelt sich die Entwicklung des Rechts durch Rechtsaufzeichnung, Gesetz- und Verfassungsgebung, wie auch der Rechtswissenschaft in Rechtsdogmatik, Rechtsgeschichte und Rechtstheorie wider. Der Hauptteil umfasst mehr als 100 Biografien, im Anhang finden sich weitere 244 Kurzbiografien. Das Buch breitet vor dem Leser die biografische Geschichte der deutschen und europäischen Rechtswissenschaft aus. So ist es zum einen ein Nachschlagewerk, zum anderen ein Lernbuch zur Vorbereitung auf rechtsgeschichtliche Prüfungen. Dieser Titel ist auf verschiedenen e-Book-Plattformen (Amazon, Libreka, Libri) auch als e-Pub-Version für mobile Lesegeräte verfügbar.

The Force of Law

Author: Frederick Schauer

Publisher: Harvard University Press

ISBN: 0674368215

Category: Law

Page: 239

View: 5333

Many legal theorists maintain that laws are effective because we internalize them, obeying even when not compelled to do so. In a comprehensive reassessment of the role of force in law, Frederick Schauer disagrees, demonstrating that coercion, more than internalized thinking and behaving, distinguishes law from society’s other rules.

Law and Authority in British Legal History, 1200–1900

Author: Mark Godfrey

Publisher: Cambridge University Press

ISBN: 131648338X

Category: History

Page: 343

View: 4991

By presenting original research into British legal history, this volume emphasises the historical shaping of the law by ideas of authority. The essays offer perspectives upon the way that ideas of authority underpinned the conceptualisation and interpretation of legal sources over time and became embedded in legal institutions. The contributors explore the basis of the authority of particular sources of law, such as legislation or court judgments, and highlight how this was affected by shifting ideas relating to concepts of sovereignty, religion, political legitimacy, the nature of law, equity and judicial interpretation. The analysis also encompasses ideas of authority which influenced the development of courts, remedies and jurisdictions, international aspects of legal authority when questions of foreign law or jurisdiction arose in British courts, the wider authority of systems of legal ideas such as natural law, the authority of legal treatises, and the relationship between history, law and legal thought.

Lectures on Jurisprudence Or the Philosophy of Positive Law

Author: John Austin,Robert Campbell

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584774290

Category: Law

Page: 1132

View: 5592

Austin, John. Lectures on Jurisprudence or the Philosophy of Positive Law. Fifth Edition, Revised and Edited by Robert Campbell. London: John Murray, 1885. Two volumes. Reprint available September 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-429-0. Cloth. $250. * Reprint of the fifth edition of Austin's magnum opus. Austin [1790-1859] was the founder of English analytical jurisprudence and the first to subject the law to inductive analysis. First published in 1861, this work is a landmark in the development of modern legal thought. Its most important contributions were the strict delimitation of law and its distinction from morality, elaboration of the idea of law as a kind of command and the close examination of such common legal terms as right, duty, liberty, injury and punishment. The editions edited by Campbell had a profound influence on Anglo-American jurisprudential thinking. This is especially true of this edition, which is widely regarded as the best.

The Austinian Theory of Law

Being an Edition of Lectures I,V, and VI of Austin's "Jurisprudence", and of Austin's "Essay on the Uses of the Study of Jurisprudence", with Critical Notes and Excursus

Author: John Austin,William Jethro Brown

Publisher: N.A


Category: Jurisprudence

Page: 383

View: 4374


A Treatise of Legal Philosophy and General Jurisprudence

Volume 11: Legal Philosophy in the Twentieth Century: The Common Law World

Author: Gerald J. Postema

Publisher: Springer Science & Business Media

ISBN: 9048189608

Category: Philosophy

Page: 618

View: 3664

Volume 11, the sixth of the historical volumes of A Treatise of Legal Philosophy and General Jurisprudence, offers a fresh, philosophically engaged, critical interpretation of the main currents of jurisprudential thought in the English-speaking world of the 20th century. It tells the tale of two lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The Path of Law” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of Law and Morals” (1958). Holmes’s radical challenge to late 19th century legal science gave birth to a rich variety of competing approaches to understanding law and legal reasoning from realism to economic jurisprudence to legal pragmatism, from recovery of key elements of common law jurisprudence and rule of law doctrine in the work of Llewellyn, Fuller and Hayek to root-and-branch attacks on the ideology of law by the Critical Legal Studies and Feminist movements. Hart, simultaneously building upon and transforming the undations of Austinian analytic jurisprudence laid in the early 20th century, introduced rigorous philosophical method to English-speaking jurisprudence and offered a reinterpretation of legal positivism which set the agenda for analytic legal philosophy to the end of the century and beyond. A wide-ranging debate over the role of moral principles in legal reasoning, sparked by Dworkin’s fundamental challenge to Hart’s theory, generated competing interpretations of and fundamental challenges to core doctrines of Hart’s positivism, including the nature and role of conventions at the foundations of law and the methodology of philosophical jurisprudence.


Author: Leslie Basil Curzon

Publisher: Routledge


Category: Jurisprudence

Page: 238

View: 512

Jurisprudence is a vast, open-ended, and often daunting subject, particularly because of its links with a variety of other disciplines, such as philosophy, sociologyand political science. The answers given in the text explain the nature and significance of these links and seek to unravel their complexity.

The Nuremberg Trials

Last Tragedy of the Holocaust

Author: Ellis Washington

Publisher: University Press of Amer


Category: History

Page: 233

View: 3366

Discusses the paradoxical use of positive law during the advent of the Nuremberg trials over sixty years ago, asserting that natural law should have been utilized instead.

Please Don't Wish Me a Merry Christmas

A Critical History of the Separation of Church and State

Author: Stephen M. Feldman

Publisher: NYU Press

ISBN: 0814728855

Category: Law

Page: 408

View: 4420

Whether in the form of Christmas trees in town squares or prayer in school, fierce disputes over the separation of church and state have long bedeviled this country. Both decried and celebrated, this principle is considered by many, for right or wrong, a defining aspect of American national identity. Nearly all discussions regarding the role of religion in American life build on two dominant assumptions: first, the separation of church and state is a constitutional principle that promotes democracy and equally protects the religious freedom of all Americans, especially religious outgroups; and second, this principle emerges as a uniquely American contribution to political theory. In Please Don't Wish Me a Merry Christmas, Stephen M. Feldman challenges both these assumptions. He argues that the separation of church and state primarily manifests and reinforces Christian domination in American society. Furthermore, Feldman reveals that the separation of church and state did not first arise in the United States. Rather, it has slowly evolved as a political and religious development through western history, beginning with the initial appearance of Christianity as it contentiously separated from Judaism. In tracing the historical roots of the separation of church and state within the Western world, Feldman begins with the Roman Empire and names Augustine as the first political theorist to suggest the idea. Feldman next examines how the roles of church and state variously merged and divided throughout history, during the Crusades, the Italian Renaissance, the Protestant Reformation, the British Civil War and Restoration, the early North American colonies, nineteenth-century America, and up to the present day. In challenging the dominant story of the separation of church and state, Feldman interprets the development of Christian social power vis--vis the state and religious minorities, particularly the prototypical religious outgroup, Jews.