John Austin and Constructing Theories of Law

Bix, Brian H.
July 2011
Canadian Journal of Law & Jurisprudence;Jul2011, Vol. 24 Issue 2, p431
Academic Journal
The article looks at the work of John Austin's on theory of law or jurisprudential theory and its impact on further theory construction by other philosophers such as Joseph Raz and Ronald Dworkin. It is given that modern approaches to the nature of law, like Joseph Raz's exclusive legal positivism and Ronald Dworkin's interpretivism, offer characterizations of legal practice. It also looks at the criticism towards Austin's work found in the theories of another philosopher, H.L.A Hart.


Related Articles

  • Law and Political Morality. Coleman, Jules L. // APA Newsletters;Spring2007, Vol. 6 Issue 2, p7 

    An essay by Jules L. Coleman which discusses the value of the traditional distinctions among jurisprudential views is presented. It questions the validity of the theories of Joseph Raz. The author suggests that Raz' approach to jurisprudence is much closer to Ronald Dworkin's than H. L. A....

  • POPULAR CONSTITUTIONALISM AND THE RULE OF RECOGNITION: WHOSE PRACTICES GROUND U.S. LAW? Adler, Matthew D. // Northwestern University Law Review;Winter2006, Vol. 100 Issue 2, p719 

    Discusses the jurisprudential problem of the recognitional community and proposes a possible solution with large implications for constitutional theory. Discussion of H. L. A. Hart's doctrine of the rule of recognition and its development in jurisprudential literature and the suggestion that...

  • The Jurisprudence Ring Pits Two Heavyweights. Keeffe, Arthur John // American Bar Association Journal;Apr78, Vol. 64 Issue 4, p625 

    Focuses on a 14-article symposium in the 'Georgia Law Review' on the subject of jurisprudence. Pitting of the views of H.L.A. Hart and Ronald Dworkin.

  • From Raz's Nexus to Legal Normativity. Essert, Christopher // Canadian Journal of Law & Jurisprudence;Jul2012, Vol. 25 Issue 2, p465 

    The article presents information on the theory of law and the concept of legal normativity with respect to the ideologies of legal scholars like Joseph Raz and H.L.A. Hart. The concept of the normativity of law is on the basis of the jurisprudential commitments in the practice of law....

  • Freedom as Non-Domination in the Jurisprudence of Constitutional Rights. Perez, Oren // Canadian Journal of Law & Jurisprudence;Jul2015, Vol. 28 Issue 2, p289 

    In recent decades, neo-republican philosophers have developed a theory of freedom as non-domination, which, they claim, is conceptually and analytically distinct from the “liberal” concept of freedom as non-interference. However, neo-republicans have intervened in constitutional...

  • The End of Jurisprudence. HERSHOVITZ, SCOTT // Yale Law Journal;Jan/Feb2015, Vol. 124 Issue 4, p1160 

    For more than forty years, jurisprudence has been dominated by the Hart- Dworkin debate. The debate starts from the premise that our legal practices generate rights and obligations that are distinctively legal, and the question at issue is how the content of these rights and obligations is...

  • “A New Philosophy for International Law” and Dworkin’s Political Realism. Scarffe, Eric J. // Canadian Journal of Law & Jurisprudence;Feb2016, Vol. 29 Issue 1, p191 

    During his career, Ronald Dworkin wrote extensively on an impressive range of issues in moral, political, and legal philosophy, but, like many of his contemporaries, international law remained a topic of relative neglect. His most sustained work on international law is a posthumously published...

  • Limites do direito e o "Pós-escrito" de Hart: impressões de um advogado. Muzzi Filho, Carlos Victor // Meritum: Revista de Direito da Universidade FUMEC;jan-jun2013, Vol. 8 Issue 1, p77 

    Relying on Herbert Hart's "Postscript", with a response by Ronald Dworkin, this article aimed at discussing the possibility of bringing Hart's and Dworkin's claims into Brazilian reality. The fragility of the Brazilian legal system was adopted as a criterion, taking into account Marcelo Neves's...

  • Positivismo e Obediência em Herbert Hart. Santos Neto, Arnaldo Bastos; Heinen, Luana Renostro // Revista Seqüência;2010, Vol. 31 Issue 61, p127 

    The issue of respect for legality has always served as a point of complaint to the opponents of legal positivism. This article aims to investigate the theme of obedience to the laws in the thinking of Herbert Hart, one of the most important jurists of the twentieth century, affiliated to the...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics