The Province of Jurisprudence Determined and The Uses of the Study of Jurisprudence

by John Austin, H.L.A. Hart (Introduction)

This edition comprises the full text of The Province of Jurisprudence Determined , a classic work of moral, political, and legal philosophy, including the chapter on Utilitarianism and the detailed discussion of social contract theory, which have been excluded from previous editions. Also included is the essay on The Uses of the Study of Jurisprudence , which gives an important assessment of Austin's conception of analytical jurisprudence.

Genres: Law, Philosophy, Politics

432 pages, Hardcover

First published March 9, 1995

About the author

Librarian Note: There is more than one author by this name in the Goodreads data base.

John Austin (1790-1859) 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.

In 1820, Austin married Sarah Austin (1793–1867), born Sarah Taylor, an English editor & linguist.

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.

-Wikipedia

Reviews

[Aaron Crofut · Rating 2 out of 5]

95% of this book is frustratingly repetitive and poorly written. In the other 5%, the most important point he raises is this: the government is supreme and not bounded by laws. If the government breaks the law, who "punishes" them? There may be "good" and "bad" laws according to different ideas of justice, but it isn't relevant because again, nobody is going to punish the government.

What about elections? Well, what would happen if the government abolished elections? Most likely answer: nothing. Second most likely answer: anarchy. Third most likely answer: military dictatorship. Ugh.

This isn't a new revelation to lovers of liberty. Madison pointed out this problem in Federalist 51 (that of getting the government to control itself). It's one thing to know what justice is, but it's another thing entirely to show how it matters.

[Adrian Fanaca · Rating 4 out of 5]

Austin was a legal scholar which struggled to make his voice heard in his times. He wrote about legal field and is able to keep you interested in such a dry field which stands witness of his great intellectual power. Not a boring reading at all, the author being capable of talking politics with the same ease as its main field of preoccupation.

[Matilde · Rating 1 out of 5]

Big step in analytical jurisprudence but command theory sucks and he’s too obsessed with God

[Wolfgang Jiang · Rating 4 out of 5]

Austin's assiduous and scrupulous attitude towards the research astonished me in a great extent. He was also talented at the linguistic analysis and very perceptive to catch the main issue from the complexity. To read this book, you probably need to draw a model to effectively understand Austin's theory.

Have been using a set of basic terms, like sovereign, command, sanction, subject and duties, John Austin tried to redefine positive law in this book. Lecture 1 is about the basic definition of law of Austin. He referred to utilitarianism which he used as the main tool to analyze his theory in the next three lectures. In last two lectures he fell law into 4 categories, divine law, positive law, positive morality and law metaphorically or analogically so called. Subsequently he set out his idea of An Independent Political Society and Habit of Obedience which is supposed to be the bedrock of his theory of law.