'Austin's Positivism': Is it a Retrospective Investigation of Contractualist’s Sovereign? Locating Hobbes’ Theory in the History of 'Sovereign’s Debate'

Global Jurist Topics, Vol. 6, No. 2, Article 1, 2006

32 Pages Posted: 16 Apr 2009  

Prabhakar Singh

Jindal Global Law School (JGLS)

Date Written: April, 16 2009

Abstract

Legal positivism is the Jurisprudential debate, primarily located with the writings of Austin, which gained ground after his death. This theory is all about keeping law separate from morals, with certain explanation to sovereign, laws, society, normativity et al. But long before Austin it was Thomas Hobbes who gave his explanations to the theory of sovereign, nature of law, morality and power. But he has been kept at bay; termed as a “political Scientist”, in the manufactured tradition of legal positivism. I have tried, in this paper, to locate the proper place of Hobbes in the lineage of positivist philosophy. Secondly, I have tried to capture the debate on “Judge Made Law” as “inherently paradoxical” by supplying two examples - one borrowed and one mine - in the second half of the paper.

Keywords: Austin’s Sovereignty, Hobbes, retrospective investigation of Contractualist Sovereign,

Suggested Citation

Singh, Prabhakar, 'Austin's Positivism': Is it a Retrospective Investigation of Contractualist’s Sovereign? Locating Hobbes’ Theory in the History of 'Sovereign’s Debate' (April, 16 2009). Global Jurist Topics, Vol. 6, No. 2, Article 1, 2006. Available at SSRN: https://ssrn.com/abstract=1386562

Prabhakar Singh (Contact Author)

Jindal Global Law School (JGLS) ( email )

Jindal Centre 12 Bhi12 Bhikaiji Cama Place
Near Jagdishpur Village
New Delhi, Uttar Pradesh/Haryana 110 066
India

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