In the background of the vigorous development of natural science and industrial revolution in the nineteenth century,positivism surged.Combining utilitarianism and positivism,Austin established the positivist view of law,and created the school of judicial realism,one of the three major schools of law in the West.Austin's positivist view of law,with a research method of empirical analysis,summed up the general concept,category and principles of the legal system,which mainly manifested in four aspects:Command Theory of Law,Utilitarian Principle,Separation of Law and Morality,and Sovereignty Theory.Austin's philosophy has its own limitations that his legal concept of minimalist social environment can notmeet the increasingly rich legal needs.But there is no denying that his legal thoughts have a significant impact in many areas such as the law research methods,the establishment of jurisprudence,the new analytical jurisprudence,and the semantic science,etc.Moreover,it can also enlighten our legal research,the construction of jurisprudence and the development of rule of law. |