The Province of Jurisprudence Determined is of course the best-known part of Austin's work. This edition comprises the full text of Austin's The Province of Jurisprudence Determined, a classic work of moral, political, and legal philosophy, and Austin's essay on The Uses of the Study of Jurisprudence, which gives an important assessment of Austin's views of analytical jurisprudence.
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[Austin's] work still has its angry critics and its stubborn adherents. And never, since his death, has it been ignored. -- H.L.A. Hart, from the Introduction
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John Austin
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1 of 1 people found the following review helpful:
5.0 out of 5 stars
One of the "founders" of "legal positivism",
This review is from: the province of jurisprudence determined and the uses of the study of jurisprudence (Hardcover)
I read this book for a class on the philosophy of law. The English legal philosopher and jurist, John Austin, was instrumental in developing the theory of legal positivism, which held that there had to be a separation between religious laws of morality and positive or human made law. In his book "The Provence of Jurisprudence Determined," he delineates how laws are made and obeyed. "Every positive law, or every law simply and strictly so called, is set, directly or circuritously, by a sovereign person or body, to a member or members of the independent political society wherein that person or body is sovereign or supreme" (253-254). Therefore, in a representative democracy, the people are the sovereign and either they or their elected representatives produce the laws.
Austin argued against judges interpreting their nation's constitution or law code to make perceived necessary changes to keep up with changing social values. Austin believes that in a democratic society, the people are sovereign and thus a nation's constitution and law code should be changed by the people's elected representatives and not by appointed judges. Austin is not against citizens changing their Constitution or laws, "... the Constitution should keep up to date--but it should keep up to date with the views of the people." Austin's genius was in his perception of the history of how nations govern, which has provided ample proof that there is a direct correlation between those democracies that maintain a healthy balance of powers between the branches of government and are the same democracies that are most protected from the danger of slipping into tyranny; whether it is rule by a dictator or rule by a politically privileged few, such as an oligarchy. Recommended reading for those interested in philosophy, history, and political science.
5.0 out of 5 stars
Editorial reviews,
By dasleron (Phila, PA) - See all my reviews Product Description The Province of Jurisprudence Determined is of course the best-known part of Austin's work. This edition comprises the full text of Austin's The Province of Jurisprudence Determined, a classic work of moral, political, and legal philosophy, and Austin's essay on The Uses of the Study of Jurisprudence, which gives an important assessment of Austin's views of analytical jurisprudence.
1 of 2 people found the following review helpful:
5.0 out of 5 stars
One of the "founders" of "legal positivism",
This review is from: The Province of Jurisprudence Determined and the Uses of the Study of Jurisprudence (Paperback)
I read this book for a class on the philosophy of law. The English legal philosopher and jurist, John Austin, was instrumental in developing the theory of legal positivism, which held that there had to be a separation between religious laws of morality and positive or human made law. In his book "The Provence of Jurisprudence Determined," he delineates how laws are made and obeyed. "Every positive law, or every law simply and strictly so called, is set, directly or circuritously, by a sovereign person or body, to a member or members of the independent political society wherein that person or body is sovereign or supreme" (253-254). Therefore, in a representative democracy, the people are the sovereign and either they or their elected representatives produce the laws.
Austin argued against judges interpreting their nation's constitution or law code to make perceived necessary changes to keep up with changing social values. Austin believes that in a democratic society, the people are sovereign and thus a nation's constitution and law code should be changed by the people's elected representatives and not by appointed judges. Austin is not against citizens changing their Constitution or laws, "... the Constitution should keep up to date--but it should keep up to date with the views of the people." Austin's genius was in his perception of the history of how nations govern, which has provided ample proof that there is a direct correlation between those democracies that maintain a healthy balance of powers between the branches of government and are the same democracies that are most protected from the danger of slipping into tyranny; whether it is rule by a dictator or rule by a politically privileged few, such as an oligarchy. Recommended reading for those interested in philosophy, history, and political science.
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Inside This Book
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First Sentence:
LAWS proper, or properly so called, are commands; laws which are not commands, are laws improper or improperly so called. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
positive moral rules, fundamental civil pact, proper absolute end, such improper laws, given independent society, obtains between nations, proper paramount purpose, immediate tribunals, dent political society, proper original covenant, supreme political government, laws repealing laws, circuitous command, greatest possible advancement, supreme federal government, sovereign number, positive law set, proffered promise, minate body, called law set, subordinate political superiors, standing unqualified, sovereign portion, largest signification, slender analogy Key Phrases - Capitalized Phrases (CAPs): (learn more)
Sir William Blackstone, Von Martens, British Islands, Church of England New!
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Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
LAWS proper, or properly so called, are commands; laws which are not commands, are laws improper or improperly so called. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
positive moral rules, fundamental civil pact, proper absolute end, such improper laws, given independent society, obtains between nations, proper paramount purpose, immediate tribunals, dent political society, proper original covenant, supreme political government, laws repealing laws, circuitous command, greatest possible advancement, supreme federal government, sovereign number, positive law set, proffered promise, minate body, called law set, subordinate political superiors, standing unqualified, sovereign portion, largest signification, slender analogy Key Phrases - Capitalized Phrases (CAPs): (learn more)
Sir William Blackstone, Von Martens, British Islands, Church of England New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Citations (learn more)
This book cites 15
books:
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13
books
cite this book:
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- The Province of Jurisprudence Determined (Great Minds Series) by John Austin in Front Matter (1), Front Matter (2), and Front Matter (3)
- Bentham: A Fragment on Government (Cambridge Texts in the History of Political Thought) by Jeremy Bentham on page 212
- The Letters of John Stuart Mill: Volume II (v. II) by Hugh S. R. Elliot in Front Matter
- Ancient Law (1920) by Henry Sumner Maine in Front Matter
- Nature of Positive Law by John M. Lightwood in Front Matter
See all 15 books this book cites
- Reading Humanitarian Intervention: Human Rights and the Use of Force in International Law (Cambridge Studies in International and Comparative Law) by Anne Orford on page 71, and Back Matter
- The Politics of Jurisprudence: A Critical Introduction to Legal Philosophy by Roger Cotterrell in Back Matter (1), and Back Matter (2)
- The Global Commons: An Introduction by Susan J. Buck on page 38, and Back Matter
- Conciliation - Compulsion - Conversion: British Attitudes Towards Indigenous Peoples, 1763-1814 (Cross/Cultures 72) by Merete Falck Borch on page 230
- Law and Community in Three American Towns by Carol J. Greenhouse in Back Matter
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