Doing Austin Justice: The Reception Of John Austin's by Wilfrid Rumble

By Wilfrid Rumble

John Austin was once a towering presence in nineteenth-century English jurisprudence. He lived on the centre of the utilitarian move in London through the 1820s and 1830s, and have become its top thinker of legislation after Bentham's demise (1832). Wilfrid E. Rumble's ebook analyzes Austin's paintings in its ancient context, and exhibits how a lot of it is still achievable this day -- together with his belief of analytical jurisprudence, his sharp contrast among legislations and morality, and his utilitarian concept of resistance to govt. the outcome is a richer, extra nuanced portrait of Austin's criminal philosophy than his twentieth-century critics have painted. Doing Austin Justice hence fills a wide hole within the literature approximately this crucial determine. will probably be of considerable curiosity to jurists, historians of political philosophy, and of the 19th century extra usually.

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Additional info for Doing Austin Justice: The Reception Of John Austin's Philosophy Of Law In Nineteenth-Century England (Continuum Studies in British Philosophy)

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66 Although the extent to which Austin possessed this last virtue was highly problematic at best, Mill's recommendation was certainly enthusiastic. James Stephen's reference for Austin did not mention his ability as a lecturer, but extolled his prowess as a jurist (as well as his character and 'colloquial eloquence'): Mr. Austin . . possesses a compass and variety of knowledge respecting the science of jurisprudence, and all kindred sciences, exceeding that to which any other person I have ever happened to know, could justly lay claim.

It] . . is not concerned directly with the science of legislation. It is concerned directly with principles and distinctions which are common to various systems of particular and positive law; and which each of these various systems inevitably involves, let it be worthy of praise or blame, or let it accord or not with an assumed measure or test. [For] . . 17 Austin drew a number of other distinctions that also illustrate the abstract nature of his course. To begin with, he indicated that he would discuss particular legal systems only for illustrative purposes.

It] was recognized . . that he had something important to say'. In fact, a number of lawyers expressed a very strong interest in his attempt to teach jurisprudence. A good example is the coverage that it received in the Law Magazine, which followed Austin's lectures and tended to be very supportive of them. The first report on them appeared in 1830 and indicated that he had begun his course 'inauspiciously'. His introductory lecture was widely disliked, a fact that did nothing to help enrolment in his course.

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