AUSTIN, JOHN
John Austin was a nineteenth-century legal the-
orist and reformer who achieved fame posthu-
mously for his published work on analytical
jurisprudence, the legal philosophy that sepa-
rates positive law from moral principles.
According to Austin, positive law is a series
of both explicit and implicit commands from a
higher authority. The law reflects the sovereign’s
wishes and is based on the sovereign’s power.
Backed by sanctions and punishment, it is not
the same as divine law or human-inspired moral
precepts. Viewing the law in this way, Austin did
not so much question what it ought to be but
revealed it for what he thought it was. Analytical
JURISPRUDENCE sought to consider law in the
abstract, outside of its ethical or daily applica-
tions. In Austin’s view, religious or moral princi-
ples should not affect the operation of law.
Austin was not as influential in his lifetime
as his fellow Utilitarians JEREMY BENTHAM,
James Mill, and JOHN STUART MILL.His intellec-
tual output did not match his potential, owing
in part to poor health and a self-defeating atti-
tude. Yet Austin is regarded by legal historians as
a significant figure in the development of mod-
ern English jurisprudence.
Austin was born in England in 1790, the
son of a prosperous miller. After a stint in the
army, he studied law but was not an enthusias-
tic or especially capable practitioner. Reflecting
a keen, analytical mind, Austin’s skills lay in
writing and theory rather than in EQUITY
pleadings. Austin gave up his law practice in
1825 and, in 1826, was named the first profes-
sor of jurisprudence at the University of Lon-
don. To strengthen his academic credentials,
Austin studied ROMAN LAW and German CIVIL
LAW in Heidelberg and Bonn from 1827 to 1828.
Austin’s professional pursuits were under-
mined by his ill health and self-doubt. In 1832,
he resigned from teaching because his lectures
were poorly attended. During the same year,
Austin published the barely noticed The
Province of Jurisprudence Determined, a collec-
tion of his university lectures. Shortly thereafter,
he accepted a post on the Criminal Law Com-
mission, but he resigned from that when his sug-
gestions were not followed. Austin’s attempt, in
1834, to resume his legal lectures for the Society
of the Inner Temple failed.
In 1838 Austin served on a commission
investigating complaints about the management
of Malta, a British colony. This time, his efforts
were successful, as his work led to tariff reform
and improvements in the Maltese government.
The following decade, Austin lived abroad
with his wife, Sarah Taylor Austin. In 1848, the
couple returned to England, where Austin died
on December 1, 1859. In 1863, his widow repub-
lished The Province of Jurisprudence Determined
under the new title Lectures on Jurisprudence.
This single volume received the widespread
acclaim that had eluded Austin during his life-
time.
