The Triple Dimensionalities Of People Positioning Traits In Austin's Theory

The different position of humans will influence the production, development, and trend of the legal theory. Correctly grasp the human roles under the legal laws has a positive role in understanding the connotation and substance of the academic theory. The human roles under Austin's Theory are served as the theme of this article, and the features and their relevance of the humans under the "Utilitarianism, Independent political society and Legal order "—these three dimensionalities are emphatically analyzed. The connotation and substance of Austin's analytic positivist jurisprudence theory are explored and analyzed by the "human model". Nowadays, the research of still remains in the secondary data by H.L.A. Hart, Joseph Raz, et al., which leads to the misunderstanding of Austin. Only do we entirely traced and analyze the text can we more correctly understand Austin's legal propositions.This article is consisted of four parts with about 50,000 words with except the introduction and the conclusion.The first part, which is based on the groundwork of Austin's theory system—utilitarianism principle, explores the characteristics of the roles of humans in philosophy to point out the nature of humans. First, on the basis of seeking for the utilitarian tradition, the differences of the Bentham's and Austin's utilitarianism are compared. Second, analyzing the relationships between laws and utility by Austin, and three viewpoints are proposed, which are the utility is an indicator to measure human's behaviors, laws and utility have consistency and laws are the specific guidelines of human behaviors. Meanwhile, this part reveals the reasons that Austin emphatically analyzed the principles of utilitarianism. This part focuses on unscrambling the characteristics of humans under the principles of Austin's utilitarianism, which leads to the judgment that the characteristics of humans under the principles of Austin's utilitarianism are the basis of the humanity, and human's nature.The second part, which is based on the core of Austin's theory system—political sovereignty theory, explores the characteristics of the roles of humans under the political and social system to point out the "habitual disobedience" is the sovereign's social nature, and "habitual obedience" is the subjects' social nature. These kinds of social nature: "Habitual disobedience" and "habitual obedience" derives from the utilitarian nature of humans. This part analyzed the meaning, conditions, characteristics and sources of independent political society, and held the idea that "habitual disobedience" and "habitual obedience" is effects and forms of Austin's applying utilitarianism into social members and society. Meanwhile, this part also explains Austin's criticizing other four scholar's Sovereignty Theory and Social Contract Theory, and the conclusion of "independent political society is the guarantee of realizing social members' happiness" is obtained.The third part, which is based on the key definition of legal order theory—mandatory order and as a breakthrough, analyzes the two main parts—sovereign and subjects and explains their positions, characteristics and relationships in order to the sovereign is above the law because of utility, but their behaviors are still constrained by the utility,which is the cause of the separation of law and morality. The subjects are constrained by the laws enacted by the sovereign because of the guideline of utility and the fear of punishment, which is the cause of legal authority.The forth part is the combination of the former three parts, analyzing the relationships, purposes, and influences of the human's triple dimensionalities by Austin. The relationship of the triple dimensionalities is ostensibly nervous, but essentially fusion, whose purpose is to lay foundations for the propose of the law order theory, and the construction of the system of new jurisprudence. This part also points out the crucial aspects that the traditional view misunderstood Austin, which are they can't combine the characteristics of humans with the entire background under the Austin's theory, and ignore the sovereignty of the background type. Then they abandon the Austin's simplified law and criticize Austin with the theories from their new researches. Therefore, only do we understand the characteristics of humans under the Austin's utilitarian principle, Sovereignty theory and law order theory, can we understand the integration and unity of humans within the three dimensionalities philosophy, politics and law and treat Austin's theory with this overall, understandable objective, and positive attitude.The innovation point of this article is to interpret the essences of Austin's theory by the "human model" in order to correctly understand and grasp it. Through the dimension of philosophy from human nature under the utilitarian principle, the dimension of politics from human's social nature under social political system, and dimension of law from human's legal attribute under the law order, we explore the characteristics of humans by Austin, and reflect the scope of Austin's jurisprudence, the general concepts to construct the laws, and the theoretical background of relationship between morality and law in order to reveal the essences of Austin's theory: to change the humans into modern ones by utility, to change the societies into modern ones by theory of sovereignty, and change the laws into modern ones by creating a science.