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The Province of Jurisprudence Democratized$
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Allan C. Hutchinson

Print publication date: 2008

Print ISBN-13: 9780195343250

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195343250.001.0001

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The Province of Jurisprudence Revisited

The Province of Jurisprudence Revisited

Chapter:
(p.21) Chapter Two The Province of Jurisprudence Revisited
Source:
The Province of Jurisprudence Democratized
Author(s):

Allan C. Hutchinson

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195343250.003.0002

This chapter reviews Austin's approach to jurisprudence and traces its continuing influence on the performance of jurisprudence today. Rather than offer a flat chronological narrative, it presents a more schematic survey and captures the important themes that make better sense of the contemporary jurisprudential project—conceptual analysis, the law/morality relationship, its methodological orientation, and power's role. Austin's The Province of Jurisprudence Determined is situated within a more general intellectual and social context in order to emphasize the extent to which his own legal theory and jurisprudence more generally are part of a contested political tradition. In particular, the chapter assesses the (un)democratic thrust of his legal theory and lays out the challenge to be met by later jurists in improving or making good on that democratic deficit. Throughout the chapter, Austin's pioneering work is used to set the terms for the continuing struggle over the philosophical and political soul of contemporary jurisprudence.

Keywords:   analytical jurisprudence, legal theory, John Austin, The Province of Jurisprudence Determined

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