John Austin

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John Austin was born to a merchant family on March , 170 in Creeting Mill,Suffolk. He served in the army very briefly before beginning his legal training in 181. During 1818 to 185, he practiced unsuccessfully at the chancery bar. His power of cautious investigation and his inflexible intellectual honesty intensely impressed his colleagues, and in 186, he was appointed to professor of Jurisprudence, a subject that had previously occupied an insignificant place in legal studies. He prepared himself for this position by studying Roman law and German civil law for about a year in Heidelberg and Bonn. John Austin and his wife, Sarah Taylor Austin, were both passionate Utilitarians and they were very much concerned with legal reform. Lectures from the course he gave were eventually published in 18 as Province of Jurisprudence Determined. (Austin 15) However, attendance at his courses was small and getting smaller. His lectures were being attended by prominent men but he failed to catch the attention of students and he gave his last lecture in 18. A brief effort to give a very similar course of lectures at the Inner Temple met the same result. Austin resigned his University College London Chair in 185. He also later briefly served on the Criminal Law Commission and as a Royal Commissioner to Malta. The Austins lived overseas after that, mainly in Paris, until 1848, when they settled into Weybridge, Surrey. Austin did some very rare writing on political themes, but his plans for longer works never came to anything during his lifetime, apparently due to unhappiness and perfectionism.

Utility is the index to the law of God .... To make a promise which general utility condemns is an offense against the law of God (Austin 187 Lecture VI, p. 07)

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John Austin died on December 1, 185. After his death his wife, Sarah, republished his work, adding to it the larger body of lecture material to which it was meant to be an introduction. There were many reasons as to why Austins lectures were a success. One reason was he stuck to his themes; his themes were appropriate and acceptable to the age in which it appeared. Austins main point was that law is based on power. The way he saw it was that law is a command from a powerful superior, to a weak inferior ). This is the mark differentiating positive law both from the fundamental principles of morality, which are the law of God, and from positive morality, or manmade rules of conduct, such as etiquette, conservative morality, and international law, which do not originate from a superior. Austins ideas were not all original. The philosophy of positive law had been created by his friend and teacher, Jeremy Bentham.

Although John Austins life was filled with disappointments and some unhappy expectations, he did go very far in life. He was credited with having been the first to make a precise distinction between legal and moral criteria in the analysis of law. He was a very intelligent man and will continue to be known by many who will study the history of law.

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