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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 Compromised

The Province of Jurisprudence Compromised

(p.1) Chapter One The Province of Jurisprudence Compromised
The Province of Jurisprudence Democratized

Allan C. Hutchinson

Oxford University Press

This chapter begins with a discussion of the purpose of this book, which is to expose the failings and frailties of analytical jurisprudence and suggest an alternative approach to legal theory. It then considers John Austin's The Province of Jurisprudence Determined, and argues that in establishing the provenance and province of jurisprudence, Austin also managed to compromise its usefulness and worth. The chapter presents a democratic approach to jurisprudence, and discusses three anti-analytical positions—the realist, naturalist, and non-ideological.

Keywords:   legal theory, analytical jurisprudence, law, democracy, John Austin, The Province of Jurisprudence Determined

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