The jurist of analytical school of jurisprudence
consider that the most important aspect of law is its relation to the state and
the analytical school’s major dealing is with law as it exists in present form.
The exponents of this school are concerned neither with the future nor with the
past but the law as it is (positus). For this reason, this school is termed as
The chief exponents of Analytical
school are Jeremy Bentham, John Austin, Prof. H.L.A. Hart, Hans Kelson& others.
Its founder is John Austin who was the professor of Jurisprudence in the
university of London.
Analytical School of Jurisprudence:
school of jurisprudence is also known as positive school because its exponents
are neither concerned with the past nor with the future of law, but with law as
it exists, i.e., law as it is and this schools’ major premise is also to deal
with law as it exists in present form.
The purpose of analytical jurisprudence is to analyze without reference either
to their historical origin or development but its main thing is that it starts
from actual facts of law as it sees them today. The positive school takes for
granted the developed legal system and proceeds logically to analyze its basic
concepts and classify them as to bring out their relations to one another. The
concentration on the systematic analysis of the legal concepts has given this
school the name of analytical school of jurisprudence.
importance of analytical school of jurisprudence lies in the fact that it
brought about precision in legal thinking. Julius Stone observes:
Analytical Jurisprudence as the study of logical relations within the law
Concept of Analytical Postivism:
Austin confined his
study only to positive law and applied analytical method for this purpose. By
positive law, Austin meant laws properly so called as distinguished from morals
and other laws which he described as laws improperly so called which lacks force
or sanction of the state. Austin described positive law as the aggregate of the
rules set by men as politically superior to men as politically inferior
subjects. He attributes command, duty, sanction and sovereign as the four
essentials attributes of positive law.
Prof. H.L.A. Hart has interpreted the concept of analytical positivism in
Characteristics of Analytical Postivism:
- Laws are the command of the human beings. In relation to the method of
analytical positivism, this meaning is related to the ideology of Bentham &
- The study of analysis of legal concepts should be continuous because it
is appropriate also and this study should be separated from the critical
evolution of the methods in terms of historical and social investigation and
ethical social objectives, actions etc.
- There is no important relations between law& ethical aspects & law ‘as
it is’ & law ‘ought to be’.
- The legal system is a closed logical system. out of which correct
decision can be taken only through logical means based on pre-determined
- Moral judgements can not be defended by rational arguments, evidence or
- Analytical positivist thinkers consider that the law to have an
undifferentiated relationship with the state. Law is originated by law
makers. This law makers can also be sovereign on the judicial part of the
- Law is promoted by the sovereign. An organized society is the basis of
the sovereign political power. It is only by the influence of the force of
organized society that the sovereign is able to implement the law in a
disciplined manner. Austin the principal promoter of analytical positivism
called the law the command of the sovereign.
- Analytical thinkers have stated the determination of legal power as
essential to make the method enforceable. These thinkers consider the court
necessary for the use of discipline.
The most important aspect of law is its relation to the
state. Law is treated as command emanating from the state. It puts emphasis on
legislation as the source of law.
Principles of natural law were considered supreme& according to some
writers could override the man-made law. Nature, reason, supernatural source,
justice, utility was some of the basis pf from which natural law was supposed to
be derived. The analytical school was a reaction against the airy assumptions of