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VOL. 11, ISSUE 12 (2025)
About John Austin Analytical School of Legal Jurisprudence “The Austinian Positive Theory of Law”
Authors
Saad Gavandi
Abstract

The school of Legal Positivism developed over the period of 18th and 19th century through the works of influential jurists such as John Austin and Jeremy Bentham. The works of these two great jurists was mainly responsible for the Legal Positivist School to acquire such importance in the field of legal jurisprudence. Their work was taken forward by jurists such as, H.L.A.Hart.

The legal positivist holds that only positive law is law; and by "positive law" he means legal norms by authority of the state. Nothing else is "law" to him, even though he may recognize other normative orders such as the religious or moral orders, or etiquette. Furthermore, everything thus created by state authority is law to the positivist, even though he may deplore the state of the law and seek to change it. The name "legal positivism," incidentally, appears to be preferable to "analytical jurisprudence" or "analytical positivism," which are often used, especially in connection with John Austin's work.
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Pages:118-120
How to cite this article:
Saad Gavandi "About John Austin Analytical School of Legal Jurisprudence “The Austinian Positive Theory of Law”". International Journal of Law, Vol 11, Issue 12, 2025, Pages 118-120
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