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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 Regenerated

The Province of Jurisprudence Regenerated

Chapter:
(p.143) Chapter Seven The Province of Jurisprudence Regenerated
Source:
The Province of Jurisprudence Democratized
Author(s):

Allan C. Hutchinson

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195343250.003.0007

This chapter offers an expansive and nuanced account of power that is more attuned to the complexities of contemporary society. After canvassing the various ways in which Austin's insights have been neglected, it explores how such a pragmatic account of power recasts the practices and problems of legal theory and law. The fact is that too much jurisprudence feigns to skate on “the frictionless ice of philosophical discourse”. In contrast, it is argued that it is only against and within a jagged process of power that the workings of law and legal theory can be best appreciated and reworked.

Keywords:   power, legal theory, Austin, analytical jurisprudence

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