Austin and the Germans
John’s Austin’s work divides into two parts: the Province of Jurisprudence Determined, which set out his command-based theory of law, and his Lectures on Jurisprudence, which analyzed the ‘necessary notions’ which he felt existed in every developed system of law. These two parts reflect different influences on Austin. While his command theory developed ideas found in the work of the English writers, Hobbes and Bentham, his analytical jurisprudence owed much to German writers in the Pandectist tradition. This article explores the relationship between Austin’s work and the German writers who influenced him (particular Niels Nikolaus Falck), and demonstrates that the tensions in Austins’ work between the command theory of the Province and the rights-centred organization of the Lectures derive from the contradictory influences he drew on.