Politics Realism Of John Austin Analytical Jurisprudence

One jurist is completely ignored by people in his life while he is praise highly after his death. he is not others but John Austin. (JohnAustin, 1790, 1859) Austen is a demobilized soldier before he engage in the science of law occupation .he acknowledge his law knowledge by himself, after that he was accepted by London University as first-term jurisprudence professor. Because he is not good at speech and his student are not attracted by his class. For this reason, most of his student are absent in his class, John Austin can not get the basical reward and unfortunately resigned. Another reason for John Austin is not known by world is that he never publishes a work in his life, because he runs after perfect. After his death, his students arrange his works and have demonstration jurisprudence's speech; the province of jurisprudence determined came out. After the province of jurisprudence determined is published, John Austin earned the name of"the father of modern Science of law". This book is divided into three parts:The first part is about the false image of John Austin in people's view. it is said he is a jurist and don not take care of political reality . in fact ,it is wrong .the west scholar hart thought the permanent inheritance of John Austin is the department of law and morality. he said the province of jurisprudence determined can be easily found and understood from the works of Austin…the major accomplishment of Austin is that Austin distinguish it from the discussion of policy and philosophy .he retell it with a new firmness and a whole acknowledge of details. Therefore, jurist and publicist can easily understand it and make use of it to erase mistaking. The second part is about Austin analysis the theoretical frame of demonstration law. .First, the ethnic foundation of the science of law is benthamism. Second the arrangement and objects of positive law is good in its method ,it classify all of the social phenomena and make the proper law distinguish from other social phenomenon, Third, the center theory of the law is"the dominion order theory". Fourth, the precondition is in that we should take different method to distinguish the law in accident and the law in application.The third part is about Austin analysis the future of positive law. He point out the demonstration law is different from other social phenomena. He also express the concept of ownership. All of them demonstrate he has rich law knowledge and reflect that the law concept in British. he distinguish the social phenomena and make the proper law distinguish from other social phenomenon ,discuss the ownership and demonstrate the different method to distinguished the l law in accident and the law in application. All of which to some extent reflect that his request t to the theory of law. The distinction between law in accident and the law in application not covers the fact that the value of Austin in politic. On the other hand it indirectly reflects that we should take"the majority people's happiness is the true happiness"as the standard of the law.