 ENGLISH ANALYTICAL JURISPRUDENCE and JOHN AUSTINErtu€rul Uzun ()
Anadolu University Journal of Social Sciences, 2003, vol. 3, issue 2, 1-24 Abstract: Until the eighteenth century no clear line was drawn between the physical laws and normative rules laying down legal, moral, or of any other kind, which laid down norms of human conduct. This is the outcome of philosophical movement stemming from the Renaissance emphasizing the secular studies of science. In this atmosphere, move to positive law from natural law is made by some philosophers like Grotius, Hobbes and Hume. Bentham have acquired a real progress in positive law idea linking his discussion of morals which claims that the behaviour of mankind was dominated by the influence of pain and pleasure, in terms of utility and rejecting of all natural law thinking, with the firm conviction that law could only be properly understood if it was treated as an autonomous field of study free from all issues of morals, religion, and the like. His follower AustinÃs work is known as the best book presenting analytical jurisprudence. Analytical jurisprudence takes a legal system as it actually exists at some particular time, and resolves it into its fundamental conceptions. In this approach the real emphasis is made on the sovereign and its commands. Keywords: Analytical Jurisprudence; Legal Positivism; John Austin (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:and:journl:v:3:y:2003:i:3:p:1-24 Access Statistics for this article Anadolu University Journal of Social Sciences is currently edited by Ramazan Geylan More articles in Anadolu University Journal of Social Sciences from Anadolu University Contact information at EDIRC. |
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