By Mosconi Campiglio
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The size of the ambition is measured by a dual confidence, that the insight will first be accepted as an insight, and secondly that it leads to the particular implication which broadens out into a recognition of the appropriate field of inquiry for the subject. Axiomatic disengagement and ambitious insight can be recognised as two distinct routes to reaching the kind of claim made by Austin and Hutchinson over the province of jurisprudence. Before considering in detail what motivated Austin28 to establish an exclusive field of inquiry for jurisprudence, and the arguments he puts forward to vindicate his claim, there is an ancillary matter that needs to be briefly mentioned.
The subject extends across two whole lectures and a greater part of a third, out of six. For Austin’s principal thesis, The matter of jurisprudence is positive law, see supra note 35 and accompanying text. 79 Ibid. at 4, 3 [13, 12]. Italics in original. 80 See John Austin, The Province, supra note 5. 81 Ibid. at 184 . 82 See supra note 15. 2 Austin’s Methodology? 83 However, it would be equally wrong to ignore these doubts. 84 If Austin had doubts, there were probably good reasons for them, even if those reasons remained obscure to Austin himself.
The threat spreads in the admission that the material collected within the fortified conception of law as it is (law as commands – or rules, or norms) is not in itself adequate to deliver the operations law must perform (disposing of every case requiring legal judgement). The admission exposes that material to a broader sweep of its attributes beyond those constituting its narrow legal status or pedigree (as a command, rule or norm). 94 In this light, it should come as no surprise to learn that Austin’s aversion to legal reasoning within his general theory of law is shared by other leading positivist exponents of analytical jurisprudence.