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The Legacy of John Austin's Jurisprudence
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.
Doing Austin Justice
Austin was an towering presence in 19th-century English jurisprudence, and many of his ideas remain viable today. They include his conception of analytical jurisprudence, his sharp distinction between law and morality, and his utilitarian theory of resistance to government. Yet he has always had his critics and they have become ever shriller in the last 50 years. If it is not a requirement of political correctness to belittle his ideas, the tendency to do so is widespread. Critics often dismiss Austin with a wave of the hand, or reduce his jurisprudence to a few of his ideas, such as his conception of law as a command or his notion of a legally unlimited sovereign. Whatever approach is taken...
Mary Austin Holley
Mary Austin Holley (1784–1846), a cousin of Stephen F. Austin, journeyed to Texas on three separate occasions. Her first visit, in 1831, resulted in the publication of her book, Texas. Her second and third trips, in 1835 and 1837, were depicted in her diary. This witty, observant, and highly perceptive woman captured the infant Texas in her journal—the Mexican state moving toward rebellion and the new Republic, dynamic and struggling with a great destiny. The Holley diary is an important insight into the social and political history of early Texas.
John Austin
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The Province of Jurisprudence Determined
The Province of Jurisprudence Determined (1832) is a classic of nineteenth-century English jurisprudence, a subject on which Austin eventually had a profound impact. His book is primarily a meticulous exposition of most of the core concepts of his legal philosophy, including his command conception of law, his separation of law and morality, and his theory of sovereignty. Almost a quarter of the book consists, however, of an interpretation and defence of the principle of utility. This edition includes the complete and unabridged text of the fifth (1885) and last edition. The comprehensive introduction discusses Austin's life, the main themes of his book, leading criticisms of his ideas, and recent interpretations of his legal philosophy. The edition also includes and up-to-date bibliography and biographical synopses of the principal figures mentioned in the text.
