Felix Somló and John Austin building blocks of two analytical theories

Ződi, Zsolt (2018) Felix Somló and John Austin building blocks of two analytical theories. Hungarian Journal of Legal Studies, 59 (2). pp. 156-168. ISSN 2498-5473

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Abstract

Abstract The general picture about Somló’s Juristische Grundlehre is, that it is the continental version of John Austin’s The Province of Jurisprudence Determined, or even more harshly, the ‘carbon-copy’ of it. The paper attempts to show that this picture is misleading and oversimplified. Somló developed further his master’s theory in important points, and in very creative ways. Three fields, or building blocks have been selected for illustrating this thesis. 1. The place, role, methodology, and use(fulness) of the jurisprudence in general, and its place within the system of legal sciences. 2. The definition of norm in general, (as genus proximum of the law), and the relationship between different norm-types. 3. The concept and the distinctive features of law.

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