E-Book Overview
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.
E-Book Content
The Legacy of John Austin’s Jurisprudence
Law and Philosophy Library VOLUME 103
Series Editors: FRANCISCO J. LAPORTA, Department of Law, Autonomous University of Madrid, Spain FREDERICK SCHAUER, School of Law, University of Virginia, U.S.A. TORBEN SPAAK, Uppsala University, Sweden Former Series Editors: AULIS AARNIO, MICHAEL D. BAYLES†, CONRAD D. JOHNSON†, ALAN MABE, ALEKSANDER PECZENIK† Editorial Advisory Board: AULIS AARNIO, Secretary General of the Tampere Club, Finland HUMBERTO ÁVILA, Federal University of South Brazil, Brazil ZENON BANKOWSKI, Centre for Law and Society, University of Edinburgh, United Kingdom PAOLO COMANDUCCI, University of Genoa, Italy HUGH CORDER, University of Cape Town, South Africa DAVID DYZENHAUS, University of Toronto, Canada ERNESTO GARZÓN VALDÉS, Institut für Politikwissenschaft, Johannes Gutenberg Universitat, Mainz, Germany RICCARDO GUASTINI, University of Genoa, Italy JOHN KLEINIG, Department of Law, Police Science and Criminal Justice Administration, John Jay College of Criminal Justice, City University of New York, U.S.A. PATRICIA MINDUS, Uppsala University, Sweden YASUTOMO MORIGIWA, Nagoya University, Japan GIOVANNI BATTISTA RATTI, Department of Legal Sciences, University of Genova, Italy and Member of the Chair of Legal Culture at the University of Girona, Spain WOJCIECH SADURSKI, University of Sydney, Faculty of Law, Sydney, Australia HORACIO SPECTOR, Universidad Torcuato Di Tella, Argentina ROBERT S. SUMMERS, School of Law, Cornell University, U.S.A. MICHEL TROPER, Université de Paris Quest - Nanterre, Institut Universtaire de France France CARL WELLMAN, Department of Philosophy, Washington University, U.S.A.
For further volumes: http://www.springer.com/series/6210
Michael Freeman • Patricia Mindus Editors
The Legacy of John Austin’s Jurisprudence
Editors Michael Freeman UCL Law School London, UK
Patricia Mindus Uppsala University Uppsala, Sweden
ISSN 1572-4395 ISBN 978-94-007-4829-3 ISBN 978-94-007-4830-9 (eBook) DOI 10.1007/978-94-007-4830-9 Springer Dordrecht Heidelberg New York London Library of Congress Control Number: 2012948290 © Springer Science+Business Media Dordrecht 2013 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts