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John Austin, Legal Positivism, and the Debate over the Sources of Law January 14, 2013

Posted by Christopher Donohue in History of the Human Sciences, Philosophy of Law.
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One of the most important developments in the understanding of law, what law is and why it is that law has authority in society, was the move away from natural law jurisprudence, articulated by Cicero, Montesquieu, and by Hugo Grotius in the nineteenth century. Natural law jurisprudence was the idea that law derived its authority due to the perfection and purpose of nature and divinity. Since true law had its origins and its sanction from nature and divinity, outside of society, it stood against whim, convention, custom, and caprice. Laws which were against natural law, against reason or justice, were not laws at all.

Early in the nineteenth century, legal positivism, espousing a narrow definition of “positive law,” or those laws enacted by the State or sovereign in the form of commands, attempted a similar style of reasoning to that of earlier natural law jurisprudence insofar as, like natural law theory, it was both rationalistic and deductive. Legal positivism in John Austin’s prose, considered law to be law (as opposed to morality and custom) if it was a command from a sovereign authority that was coercive. This meant that going against the command of the sovereign brought threat of an “evil.” Law was sovereign, moreover, if it emanated from an authority which was subject to no other, such as a king or parliament, who was habitually obeyed.

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David Apter on Ideology, Economic Development, and Social Science (1964) January 9, 2013

Posted by Will Thomas in Ideology of Science.
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David Apter in 1953 at University College of the Gold Coast, photo by Eleanor Apter.  Click for Apter Collection at Yale University Manuscripts and Archives

David Apter in 1953 at University College of the Gold Coast at Achimota. Photo by Eleanor Apter. Click for a larger version at the Apter Collection of photographs at Yale University Manuscripts and Archives

Clifford Geertz’s well-known 1964 essay, “Ideology as a Cultural System” appeared in a volume called Ideology and Discontent, which was edited by David Apter (1924-2010). Apter (you might recall from this post) was a modernization theorist.  His best-known work on the subject was The Politics of Modernization (1965).  The appearance of Geertz’s essay in Apter’s volume should be no surprise since Geertz was himself a scholar of modernization, and served with Apter as a member of the University of Chicago’s Committee for the Comparative Study of New Nations.  (Relevant here is Geertz’s long discussion near the end of his 1964 essay on the political culture of newly independent Indonesia.)

Apter’s own introductory essay in the volume (titled “Ideology and Discontent,” pp. 15-46) is a discussion of the relationship between economic development, political ideology, and social science, and is very much in the tradition of the intellectual liberalism of that era.  But it also zigs in certain places where you might expect it to zag, and, though it is not as lucid or valuable as Geertz’s essay, it is very much worth a read to try and get a beat on some of the contours of the kind of critical-interpretive social science in which Apter was engaged.  Additionally, it is the earliest reference I have so-far come across to the “ideology of science,” which is a concept I have been tracking off and on through this blog (though Google Books informs me there are a number of earlier precedents).

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