Analytical School of jurisprudence


                        Different approaches to the treatment of jurisprudence are represented by its various School of thoughts.  Analytical School is one of them . The major premise of analytical School of jurisprudence is to deal with law as it exists in the present form. It seeks to analysis the first principles of law as they actually exist in a given legal system. The purpose of this branch of study is to analyse and dissect the law of the land as it exist today. This analysis as to the principal of the law is done without reference to their  historical origion or their ethical significance. The supporter of the this theory treat law as a command given by the sovereign, namely the state. The School is therefore also called as imperative School. The advocates of this school are neither concerned with the past of the law nor with the future of it but they confine themselves to the study of law as it actually exists. They study what law" is" and what not what law, "ought to be". It is for the reason that this School is also termed as positive School of jurisprudence.

The chief exponent of the positivist or analytical School in England are  Bentham, Austin, Sir William Markby (1829 to 1914), Sheldon Amos (1835- 1886), Holland (1835 -1926 ) Salmond( 1862-1924)  and Professor H. L.A. Hart( 1907) the School received encouragement in the United States from Gray and Hohfeld and on the continent of Europe from Kelsen Hans, Korkunov and others....

0 comments:

Post a Comment

See Also..