john austin's theories on legal positivism

The English jurist John Austin (1790-1859) is best known for his work developing the theory of legal positivism. Austin attempted to clearly separate moral rules from "positive law." He was greatly influenced in his utilitarian approach to law by Jeremy Bentham. Austin defined positive law as commands from the government that create a duty in the governed and are backed by a threat of sanction from the government should the command not be followed. In this way Austin defined law primarily in terms of the power to control others. Austin's style of writing not only resulted in clear theories but makes those theories readily accessible to his readers.

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