J.L. Austin and H.L.A. Hart about doing things with words

This article looks at one specific area of ongoing dispute in the interpretation of HartsConcept of Law, namely the degree to which this work was influenced by Harts known admirationfor philosophy of language, and particularly the work of his friend and colleague at Oxford, J.L. Austin.While there is no question that the analysis of language plays some role in Harts work, it is alsoclear that linguistic analysis is not the only form of philosophical argument that Hart employs.It will beargued here that this reading of Harts methodology reflects a misunderstanding of the nature of Austinsown work. Moreover, once Austins work is understood properly, Hart can in fact be seen aspotentially pursuing a genuinely Austinian form of jurisprudence. As a result, Austins work can thenbe used to resolve some ongoing disagreements over the jurisprudential methodology reflected inConcept of Law, as a supplement to the meager insights into methodology that Hart himself provides.This article will not attempt to undertake a broad survey of Harts intellectual environment at thetime he was developing the ideas that became Concept of Law. It will instead focus upon one figure,J.L. Austin, who played a central intellectual role in both Oxford in the 1950s and Harts own academiclife.

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