Banović on John Austin's Analytical Jurisprudence: The Empirical-Rationalist Legal Positivism

Damir Banović, University of Sarajevo Faculty of Law, is publishing About John Austin’s Analytical Jurisprudence: The Empirical-Rationalist Legal Positivism in the International and Comparative Law Review (2021). Here is the abstract.

This article deals with analytical jurisprudence topics presented in John Austin’s work, his predecessors, and its influence on the contemporary theory of law. The article analyses his analytical method, understanding of what the method implies, and its application in understanding law as a social phenomenon. Not only does the article analyse the law phenomenon, but it also presents his views on similar phenomena in law, such as international and constitutional law, the phenomenon of sovereignty and a sovereign, and the principle of general utility as one of the moral principles. His theory of law was one of the most significant theoretical approaches in England of the 19th century, and also constituted the baseline for new conceptions and the basis of critical analyses of later positive law theories. Moreover, his work provides a solid ground for explanations of individual branches of law, especially criminal law. Finally, the article also presents a critical analysis of his approach, useful and important findings, and the perspectives for further development of the theory of law, especially in the domain of his analytical, empirically oriented and descriptive method.

Download the article from SSRN at the link.