John Austin

Jurist
John Austin
School
Analytical Positivism (Command Theory)
Father of
Modern Analytical Jurisprudence; systematic Legal Positivism
Theory
Command Theory of Law (Legal Positivism) — law is the command of a determinate political superior (sovereign), backed by a sanction; separation of "law as it is" from "law as it ought to be"; international law classified as positive morality.
Quote

The existence of law is one thing; its merit or demerit is another.

Books

The Province of Jurisprudence Determined (1832), Lectures on Jurisprudence (published 1861)

Propounded

Command Theory of Law - law as the command of a determinate political superior backed by a sanction; international law as positive morality

Definition of law

The philosophy of positive law; the general science of law

Born
1790
Died
1859
Portrait
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