The analytical school is also known as the Austinian school, because it was founded by John Austin. It is also known as an imperative school since it views law as a sovereign command. Dias refers to this approach as “Positivism,” because the school’s focus is positive law. In the nineteenth century, the analytical school rose to prominence. Up to the beginning of the seventeenth century, the natural law school dominated legal philosophy. Natural law principles were thought to be superior and, according to certain writers, might override man-made law.
Different writers interpreted and comprehended the phrase “natural law” differently, and there was no single universally accepted definition of the term “natural law” or criterion for determining the content of Natural Law principles.
Natural Law was claimed to be derived from nature, reason, heavenly source, justice, and utility, among other things.
Bentham, Austin, Holland, Salmond, Kelsen, Gray, Hoffield, and Hart are some of the most renowned proponents of this school.
Bentham- Jeremy Bentham can be said to be the founder of the Analytical school. In one of his books, he rejected the clinches of natural law and expounded the principle of utility with scientific precision. He divided jurisprudence into expository and censorial.
The former deals with the law as it is while the latter deals with the law as it ought to be. Bentham’s analysis of censorial jurisprudence is indicative of the fact that the impact of natural law had not completely disappeared that’s why he talked of utility as the governing rule. Perhaps, because of this reason, Bentham is not styled as the father of analytical school. He, however, believes that law is a product of state and sovereign.
Austin– Austin is regarded as the founder of the Analytical School of thought. He defined the boundaries of jurisprudence and limited its scope. He took a methodical approach.
Austin built on Bentham’s foundation of explanatory jurisprudence and paid no attention to extra-legal standards. He divided the science of legislation from the science of morals.
Jurisprudence meant formal investigation of legal notions to Austin. He separates jurisprudence into two categories: general jurisprudence and specific jurisprudence. Austin took the existing legal system, which is based on positive law, and reduced it to its most basic notion.
Holland- Holland is a proponent of the analytical approach as well. He is one of Austin’s followers. However, he disagrees with Austin on the meaning of the term “positive law.” For him, all laws are not of sovereign command; rather, he defines law as external human activity rules enforced by a sovereign political authority.
Salmond– Salmond is a member of the analytical school, although he varies from his forefathers in several ways. These are the following:
By defining jurisprudence as the science of civil law, he abandons the search for universal components in law. According to him, there is no such thing as a universal element in law because it is the science of land law, which is influenced by elements that exist in a specific state.
He deals with low-level issues, but the law, in his opinion, should be defined in terms of courts rather than sovereigns. Only the courts are responsible for enforcing the law.
He disagreed with Austin that legal analysis could be accomplished solely by logic.
Reference- https://www.legalbites.in/analytical-school-jurisprudence/
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