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Austin And The Form Of Analytical Positivist Jurisprudence

Posted on:2013-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:Z HuangFull Text:PDF
GTID:2246330374475676Subject:Law
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Any great theory, must generate from the criticism and inheritance of the former one.As Comte’s positivism in Critique of metaphysics.Bentham’s Utilitarianism in Blackstone’scriticism. Austen perfected his legal thoughts, in the process of criticizing of Hobbes andBentham, and then formed the Analytical-positivist jurisprudence.Therefore,theprinciple line of the thesis is the logical relationship of academic thought,By analyzing the theories of several influential scholars of Analytical PositivistJurisprudence influenced, I’ll show the forming process of the school.The first part, I raise a question in the introduction and introduce the significance ofthis topic. Then I make brief summarize among” Analytical Positivist Jurisprudence"meaning,"the form of analytical positivist jurisprudence" meaning, and" the form ofanalytical positivist jurisprudence ",to make sure the explicit the purpose and context.The second part, I’d like to talk about the character of Austen’s legal thoughts, thecome to a conclusion: the outstanding features of“Analytical Positivist Jurisprudence” areresearch methods and objects.The third part,expound several influential jurists and their theories, the show thecriticism of Austen. This part will describe the way of the formation of”Analytical PositivistJurisprudence" in an order, which arranged by criticism and inheritance of these legalthoughts.The fourth part, on the basis of the former discussing, I’ll summarize the contributionof Austen, which is the methods he adopted by criticizing predecessorsThe fifth part, as the ending, this part will respond to the Austen’s classical analyticalpositivism by describing the following development of Analytical-positivist Jurisprudence.And stress the application of its research methods.So far, the formation of analytical positivist jurisprudence will be shown before us.
Keywords/Search Tags:Analytical-positivist Jurisprudence, Austin, Bentham, utilitarianism
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