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John Austin (3 March 1790 – 1 December 1859) was an English legal theorist who posthumously influenced British and American law with an analytical approach to jurisprudence and a theory of legal positivism. [1]
Austin was a student of Jeremy Bentham, and as such subscribed to Utilitarianism. He adopted this perspective in his understanding of law, and argued that all laws should work toward promoting the greatest good for the greatest number of people. According to Austin, a law is 'a rule laid down for the guidance of an intelligent being by an ...
They include the theory that the law is a set of commands issued by the sovereign authority, whose binding force is guaranteed by the threat of sanctions (coercitive imperativism); a theory of legal sources, in which statute law enjoys supremacy (legalism); a theory of the legal order, which is supposed to be a complete and coherent system of ...
A critique of John Austin's theory that law is the command of the sovereign backed by the threat of punishment. A distinction between primary and secondary legal rules, such that a primary rule governs conduct, such as criminal law, and secondary rules govern the procedural methods by which primary rules are enforced, prosecuted and so on.
Performativity is the concept that language can function as a form of social action and have the effect of change. [1] The concept has multiple applications in diverse fields such as anthropology, social and cultural geography, economics, gender studies (social construction of gender), law, linguistics, performance studies, history, management studies and philosophy.
The Concept of Law is a 1961 book by the legal philosopher H. L. A. Hart and his most famous work. [1] The Concept of Law presents Hart's theory of legal positivism—the view that laws are rules made by humans and that there is no inherent or necessary connection between law and morality—within the framework of analytic philosophy.
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
Studying J. L. Austin's theory of the illocutionary act in the perspective of deconstruction, Derrida argued in his 1972 paper "Signature Event Context" that Austin had missed the fact that any speech event is framed by a "structure of absence" (the words that are left unsaid due to contextual constraints) and by "iterability" (the repeatability of linguistic elements outside of their context).