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Topic: John Austin (legal philosophy)

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	John Austin
		John Austin is considered by many to be the creator of the school of analytical jurisprudence, as well as, more specifically, the approach to law known as &ldquo;legal positivism.” Austin's particular command theory of law has been subject to pervasive criticism, but its simplicity gives it an evocative power that cannot be ignored.
		Legal positivism asserts (or assumes) that it is both possible and valuable to have a morally neutral descriptive (or “conceptual”—though this is not a term Austin used) theory of law.
		Austin's analysis can be seen as either a paradigm of, or a caricature of, analytical philosophy, in that his discussions are dryly full of distinctions, but are thin in argument.
	plato.stanford.edu /entries/austin-john (3345 words)

	Legal Positivism [Internet Encyclopedia of Philosophy]
		Legal positivism is a conceptual theory emphasizing the conventional nature of law.
		On Austin's view, a rule R is legally valid (i.e., is a law) in a society S if and only if R is commanded by the sovereign in S and is backed up with the threat of a sanction.
		According to this view, legal principles are like legal rules in that both derive their authority under the rule of recognition from the official acts of courts and legislatures.
	www.utm.edu /research/iep/l/legalpos.htm (6957 words)

	Philosophy of Law [Internet Encyclopedia of Philosophy]
		A legal practice can be understood from the "internal" point of view of the person who accepts that practice as providing legitimate guides to conduct, as well as from the "external" point of view of the observer who wishes to understand the practice but does not accept it as being authoritative or legitimate.
		John Stuart Mill provides the classic liberal answer in the form of the harm principle: "[T]he sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number is self-protection.
		Legal moralism is the view that the law can legitimately be used to prohibit behaviors that conflict with society's collective moral judgments even when those behaviors do not result in physical or psychological harm to others.
	www.utm.edu /research/iep/l/law-phil.htm (6905 words)

	Law and Language
		Philosophy of law shares a tension that affects philosophy of mind and metaphysics, and perhaps all the central areas of philosophy: it is often unclear which problems are problems of language, and which are not.
		Legal philosophers have debated whether that claim undermines the ideal of the rule of law, or reflects a basic requirement of the rule of law: that a legal system needs techniques for the resolution of legal issues that are not determined by the law (see Endicott 2000, chapter 9).
		Since many legal systems have legislatures whose powers are not clearly delimited, and since no community has an uncontroversial shared set of canons of statutory interpretation that answer all questions of interpretation, it is quite plausible to say that no legal system has a rule of recognition on Dworkin's understanding of such a rule.
	plato.stanford.edu /entries/law-language (11095 words)

	The Nature of Law
		Legal norms can be more or less general, or vague, in their definition of the norm-act prescribed by the rule, and the more general or vague they are, the more they tend to have those quasi-logical features Dworkin attributes to principles.
		Legal Positivists in the 20th century have tended to deny this, claiming that coercion is neither essential to law, nor, actually, pivotal to the fulfillment of its functions in society.
		Austin's reductionist account of the normativity of law, maintaining that the normative aspect of law simply consists in the subjects' ability to predict sanctions, was discussed extensively, and fiercely criticized, by H.L.A. Hart.
	plato.stanford.edu /entries/lawphil-nature (5160 words)

	In the field of legal philosophy thinkers attempt to define things like law and the legal system
		Through the nineteenth century the idea of legal positivism, one that challenged the prevailing idea of natural law, was advocated by John Austin.
		Austin defined law in this kind of legal system as a command, or wish for something to be done.
		Austin ignores the fact that in some legal systems, law is based on custom, or what has passed before.
	www.eou.edu /~jjohnson/pap1example.htm (1431 words)

	Jeremy Bentham [Internet Encyclopedia of Philosophy]
		Bentham is largely associated with his moral philosophy, especially his principle of Utilitarianism which evaluates actions based upon the greatest happiness for all.
		A leading theorist in Anglo-American philosophy of law and one of the 'founders' of utilitarianism, Jeremy Bentham was born in Houndsditch, London on February 15, 1748.
		Still, Bentham hoped to eliminate legal fictions as far as possible from the law, including the legal fiction that there was some original contract that explained why there was any law at all.
	www.utm.edu /research/iep/b/bentham.htm (3736 words)

	AllRefer.com - John Austin (Law, Biography) - Encyclopedia
		Austin argued that law was the expression of the will of the sovereign authority and was not to be confused with the dictates of religion and ethics.
		Austin's work : in part stemming from that of Jeremy Bentham : had a strong influence on many later legal theorists, including John Stuart Mill.
		His wife, Sarah Taylor Austin, was a well-known translator.
	reference.allrefer.com /encyclopedia/A/Austin-J.html (247 words)

	John Austin - Wikipedia, the free encyclopedia
		A 19th century legal and political theorist who wrote 'An Essay on Sovereignty', considered the standard for discussions about sovereignty; see John Austin (legal philosophy)
		A 19th century Texan who helped lead the Battle of Velasco, see John Austin (soldier)
		This is a disambiguation page â” a navigational aid which lists pages that might otherwise share the same title.
	en.wikipedia.org /wiki/John_Austin (135 words)

	Legal Theory Blog
		Legal Theory Blog comments and reports on recent scholarship in jurisprudence, law and philosophy, law and economic theory, and theoretical work in substantive areas, such as constitutional law, cyberlaw, procedure, criminal law, intellectual property, torts, contracts, etc.
		The legal profession is in crisis because we have lost sight of the deep theory of professionalism.
		Of course, this idea is familiar to legal theorists as well—it is a version of one of the core ideas of legal realism (and later critical legal studies): that law is politics and legal rules are indeterminate.
	lsolum.blogspot.com (12909 words)

	Guide to Philosophy on the Internet (Suber)
		Jump to the sectionsn on philosophy, epistemology, and ethics.
		Jointly sponsored by the Philosophy Division of Anglia Polytechnic University and the Department of History and Philosophy of Science of Cambridge University.
		Undergraduate philosophy association at the University of Texas, Austin.
	www.earlham.edu /~peters/philinks.htm (2166 words)

	CFP 2004 / Computer Freedom & Privacy Conference
		In this capacity she is responsible for Acxiom's privacy policies across all global operations, internal compliance with legal regulations and industry guidelines, consumer affairs, government affairs and related public relations.
		He teaches courses in Copyright, Patent, and Biotechnology Law, and is the author of numerous papers on the legal and societal impact of new technologies, including articles on scientific misconduct, on the regulation of biotechnology, and on the intellectual property implications of global computer networks.
		Borrowing from historical insights, legal theory and the analysis of legislation and important international case law, he took position in the ongoing debates about the scope and strength of privacy and data protection.
	www.cfp2004.org /program/speakers.html (17912 words)

	Dissertations and Theses on John Austin
		"Ayer, Austin, and the Argument from Illusion." PhD Dissertation, University of Iowa, 1972.
		"J.L. Austin's Reply to Empirical Foundationalism: Its Implications for the Meaningfulness of Religious Language." MA Thesis, Trinity Evangelical Divinity School, 1980.
		"J.L. Austin's Theory of Speech Acts: Its Theoretical and Heuristic Potential for the Study of Language." Ed.D. Thesis, Harvard Graduate School of Education, 1968.
	sun3.lib.uci.edu /~scctr/philosophy/Austin/dissertations.html (625 words)

	Legal Theory Blog (Site not responding. Last check: 2007-11-05)
		Wal-Mart involved the intersection of two legal doctrines, the tort of spoliation of evidence and the doctrine of res judicata (or claim preclusion).
		The doctrine of claim preclusion is absolutely essential for a well functioning legal system, not just for powerful reasons of efficiency, but also because it would be horrendously unfair to defendants if they could be sued again and again on the same claim.
		John Gardner --'The Mark of Responsibility' Oxford Journal of Legal Studies, 23 (2003) - forthcoming.
	www.lsolum.blogspot.com /2003_02_01_lsolum_archive.html (11667 words)

	International Center for Journalists
		Ashrawi received a B.A. in International Relations with a minor in Legal Studies from George Mason University in 2003.
		He is a member of the board of directors of the Knight Center for Journalism in the Americas at the University of Texas at Austin and the Latin American Journalism Center (CELAP) in Panama City, Panama.
		Was a John S. Knight Fellow at Stanford University, 1996-1997.
	www.icfj.org /staff.html (1900 words)

	Open Directory - Society: Philosophy: Philosophers: A: Austin, John (Site not responding. Last check: 2007-11-05)
		Society: Philosophy: Philosophers: A: Austin, John Langshaw (8)
		John Austin - Article from the Stanford Encyclopedia of Philosophy by Brian Bix, reviewing this thinker's life, influences and views, and criticisms made by other philosophers.
		John Austin - Biographical article by Michael Taylor, considering Austin's philosophy in depth.
	dmoz.org /Society/Philosophy/Philosophers/A/Austin,_John (108 words)

	Abridged Table of Contents
		Aquinas, Saint Thomas (Ralph McInerny and John O'Callaghan)
		legal positivism -- see nature of law: legal positivism
		neuroscience, philosophy of (John Bickle and Peter Mandik)
	setis.library.usyd.edu.au /stanford/contents.html (1429 words)

	Open Directory - Society:Philosophy:Philosophers:A:Austin, John (Site not responding. Last check: 2007-11-05)
		British legal philosopher and theorist, widely regarded as the founder of "legal positivism." His theory was strongly influenced by Utilitarianism.
		The legal theorist John Austin should not be confused with 20th-century philosopher of language J.L. Austin.
		Open Directory Society: Philosophy: History of Philosophy: 19th Century
	dmoz.org /Society/Philosophy/Philosophers/A/Austin,_John/desc.html (95 words)

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