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Characteristics Of Analytical School Of Jurisprudence

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 positive school.
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:
The analytical 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.

The 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 serves.

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 five ways:
  1. 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 & Austin.
  2. 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.
  3. There is no important relations between law& ethical aspects & law ‘as it is’ & law ‘ought to be’.
  4. The legal system is a closed logical system. out of which correct decision can be taken only through logical means based on pre-determined legal rules.
  5. Moral judgements can not be defended by rational arguments, evidence or proof.

Characteristics of Analytical Postivism:
  1. 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 state.
     
  2. 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.
     
  3. 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.
Conclusion:
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 natural law.

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