The scientific nature of John Austin's jurisprudence

Abstract

This article analyses the problem of theoretical status of John Austin's jurisprudence. It is almost generally accepted that Austin is concerned with an analysis of legal concepts, but the nature of such concepts is some what controversial. Are such concepts the result of observation of social phenomena, or of analysis of positive legal rules, or are they categories created by human reason? The author analyses opinions of several authors in order to suggest his own opinion concerning this problem.

Keywords

• jurisprudence
• general legal conceptions
• necessary legal conceptions
• conceptual analysis