The role of John Austin (1790–1859) in the founding of analytical jurisprudence is
unquestionable. Among his most remarkable contributions, mention should be made
of his particular conception of jurisprudence (“general jurisprudence”), the command
theory of law, the de fi nition of positive law as the command of the sovereign, his
peculiar idea of sovereignty, the sharp distinction between law and morality, the
harsh criticism of the concept of natural law and rights, his particular conception of
liberty, his strong commitment to codi fi cation or rule by law, and the various
classi fi cations of the law, most notably the distinction between the law of things and
the law of persons, and primary and secondary rights and duties.
After a century and a half, time has come to assess his legacy. This book is
intended to fi ll a void in the existing literature. Work on Austin is, in fact, surprisingly
scant for one of the great names of both jurisprudence and utilitarian ethics. Even
though Austin appears in most textbooks and in a great many articles, and his theory
is still a crucial point of reference in the classroom, there are few books presenting
Austin’s legal and ethical thinking in relation to the different perspectives within
legal theory.