Analytical School of Jurisprudence

The Analytical School defines law as the command of a sovereign, focusing exclusively on positive law as it exists ("positum"), rather than its historical evolution or morality. Key features include law as a command backed by sanctions, a focus on mature legal systems, and the separation of law from morality.
Salient Features of the Analytical School
  • Law as Command: Law is a command issued by a superior (sovereign) to subordinates, carrying a threat of sanction (penalty) if disobeyed.
  • Positivism: It focuses on law as it is (positum), neglecting what law "ought" to be.
  • Sovereignty: A supreme power in the state is the only source of law.
  • Methodology: It employs an analytical, logical, and systematic approach to legal concepts, such as rights, duty, and ownership.
  • Separation from Morality: Morals are distinct from law; legal validity is not dependent on moral merit.
  • Major Exponents: John Austin ("father of English Jurisprudence"), Jeremy Bentham, and H.L.A. Hart. 
  • Distinction Between Analytical and Historical School
Feature Analytical School Historical School
Definition of Law Command of the sovereign. Found in custom and traditions (Volksgeist).
Origin Created by the State/Legislature. Evolves organically from society.
Focus Focuses on the present, mature legal system. Focuses on the past, evolution, and history.
Key Source Statutes and Legislation. Customs and Precedents.
View of State Law is created by the State. Law exists before the State.
Method Analytical and Logical. Historical and Descriptive.
Proponents John Austin, Bentham. Savigny, Henry Maine.

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