Bibliographic Information

Ancient law

Henry Sumner Maine

(The John Austin collection)

Thoemmes Press, 1996

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Note

Reprint. Originally published: London : John Murray , 1861

Includes index

Description and Table of Contents

Description

John Austin (1790-1859) was one of the most famous British jurists of the 19th-century. A pupil of Jeremy Bentham, he took an analytical approach to jurisprudence, seeking to distinguish between positive law ("commands of a superior enforced by sanctions") and custom or morality. He achieved little public renown during his lifetime, publishing only one book and a few journal articles. After his death, however, his "Lecture on Jurisprudence" were published by his widow. In this four-volume set, the first two volumes consist of a reprint of John Austin's "Lectures of Jurisprudence". Volume 3 contains Gorden Campbell's "Analysis" of Austin's lectures, prefaced by J.S. Mill's account of them in the "Edinburgh Review". Volume 4 is Sir Henry Maine's "Ancient Law", which represents a key work in an opposed tradition in British jurisprudence. Where Austin is analytical is his approach, Maine is historical, seeking to explain how existing legal concepts have arisen from their roots in religion, morality, or popular custom.

Table of Contents

Volume 1 and 2: "Lectures on Jurisprudence", John Austin - edited by Robert Campbell, 4th ed. revised, 1879, 2 vols, 548/658pp. Volume 3: 'Austin on Jurisprudence', John Stuart Mill - "Edinburgh Review", vol.118, Oct 1863, pp.439-82, and "An Analysis of Austin's Lectures on Jurisprudence, or the Philosophy of Positive Law", Frederick Gordon Campbell - 1877 ed, 214pp. Volume 4: "Ancient Law: its connection with the Early History of Society and its Relation to Modern Ideas", Sir Henry Maine, 1861 ed, 424pp.

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