Transcript John Austin

John Austin
“A pimp of a Philosopher”
By Zack Clendinning…
Steve Sasseville…
Cody Gowanlock…
and Chris Brand
Bio
• Born in London in 1790
• Served in the military before beginning his legal
training
• Austin was the first chair of law at the new
University of London from 1829
• Was called to the Bar in 1818, but he took on
few cases, and quit the practice of law in 1825
• Austin's nervous habits, shaky health, and
perfectionism combined to end quickly careers
at the Bar
Austin’s Views
• He clarifies the concept of positive law by analyzing the
concepts of his definition, and by distinguishing law from
other concepts that are similar
• His views are summarized in 5 general beliefs about
legal positivism
• These views answered the question “What is Law?”
Austin’s 5 Views
1)
2)
3)
“Commands” involve an expressed wish that
something be done, combined with a willingness and
ability to impose “an evil” if that wish is not complied
with.
Rules are general commands (applying generally to a
class), as contrasted with specific or individual
commands
Positive law consists of those commands laid down by
a sovereign (or its agents), to be contrasted to other
law-givers, like God's general commands, and the
general commands of an employer to an employee.
4) The “sovereign” is defined as a person who receives
guidance from the bulk of the population, but who does
not obey any other person or institution. Austin thought
that all independent political societies, by their nature,
have a sovereign.
5) Positive law should also be contrasted with “laws by a
close analogy” (which includes positive morality, laws of
honor, international law, customary law, and
constitutional law)
Brothers from a Different Mother
Austin and Bentham
• Austin was a student of Jeremy Bentham
and the two became very good friends
• Both shared the same views on law and
jurisprudence
• Bentham was also a “pimp of a
philosopher”
Importance
• Austin’s views were the first of its kind and
raised many questions about the legal system
• He believed that “there is much that is law that is
not moral, and what makes something law does
nothing to guarantee its moral value.”
• This point of view entirely changed the way
people governed in the 1800’s and beyond