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Lectures On Jurisprudence Or The Philosophy Of Positive Law - Volume I
Lectures On Jurisprudence Or The Philosophy Of Positive Law - Volume I Author:John Austin IM FURES ON JURISPRUDENCE OR THE PHILOSOPHY OF POSITIVE LAW BY THE LATE JOHN AUSTIN OF THE INNER TEMPLE, BARRISTER-AT-LAW EDITED BY ROBERT CAMPBELL or LINCOLNS INK, BARRISTER-AT-LAW M JEBSETOITT f REDBRICK D. LINN COMPANY, 4 7 MONTGOMERY STKEET, INTRODUCTION. ON THE PURPOSE AND SCOPE OF THE FOLLOWING LECTURES. THE value and importance of the lat... more »e John Aus tins work in the field of jurisprudence have been now so long and so widel gnized that it would be superfluous to insist upon them in this place. Except by a very few persons, the recognition was late. Had it come earlier, the author might have been encouraged to complete the record of the work upon which he entered. As it is, that record breaks off in medio and for the preservation and arrange ment of what remains, the public are in great measure indebted to the ability and industry of the lady whose name is subscribed to the preface of the first posthumous edition. In that preface Mrs. Austin explained, by a personal narrative of con summate literary skill and absorbing interest, the reasons why the work was broken off and never resumed by its author. An attempt to abridge that narrative would be almost 1 an injury to both the persons here referred to. In order, however, to enable the student to seize . he joint of view of the vi INTROD UCTION. original Lectures, the following bare outline of facts seems necessary. John Austin was born in 1 790. At a very early age he entered the army, in which he served for five years. He was called to the bar in 1818, after the usual preparation as a student. In 1820 he married the lady above mentioned, to whom he had been for several years attached. She belonged to a gifted family, the Taylors of Norwich and to the attrac tions of great personal beauty in early life, added the enduring qualities of a clear and energetic intellect, high principles of action, and a large heart Possessing to excess the subtlety of mind which sometimes, when laid under conventional restraints, contributes to the reputation of a consummate lawyer, Mr. Austin was yet unfitted for success in business by delicate health and a too highly strung and sensitive organization. After a vain struggle in which his health and spirits suffered severely, he gave up practice in the year 1825. In 1826 the University of London now Uni versity College was established Among the sciences which it was proposed to teach was Juris prudence, and Mr. Austin was chosen to fill that chair. As soon as he was appointed he resolved upon going to study on the spot what had been done and was doing by the great jurists of Ger many, for whom he had already conceived a profound admiration. After some preliminary study of the German larguage, he went in the autumn of 1827 to Germany, Having visited Heidelberg, he established himself with his wife and child at Bonn then the INTRODUCTION. vii residence of Niebuhr, Brandis, Schlegel, Arndt, Welcker, Mackeldey, Heftier, and other eminent men. With ready access to this society, and with the assistance of a young jurist as privat-docent in reading German books upon law, he found excel lent opportunities for the study and preparation which he desired. In the spring of 1828 he returned to England and commenced his work in the chair. His career as a professor opened brilliantly, and his first class included many who afterwards became most eminent in law, politics, or philosophy. But it soon became apparent that the inducements to the scientific study of jurisprudence in this country would not afford a succession of students to main tain an unendowed chair and he found himself under the iiecessity of resigning. In June, 1832, he delivered his last Lecture. In that year he published the volume entitled, The Province of Jurisprudence Determined, in the form of six Lectures, accompanied by an Outline of the entire course of Lectures contemplated by him...« less