Presentation

Analytical Law School Many times jurists have made their eforts to dene law, its sources and nature. For the purpose o understanding their points o view, the jurists are divided on the basis o their approaches a pproaches to law. law. This division has been helpul in understanding the evolution o legal philosophy. philosophy. One class o these jurists came to be nown as !positivists! or !analysts! who had little to do with vague and abstract notions o natural law. law. These were the believers o "nalytical or #ositive $chool, who propounded positivism. The term %positivism% was invented by "uguste &omte, a French thiner.  The e'ponents o this school are are neither concerned concerned with the past nor with the uture o law but with the law as it e'ists, i.e. with law %as it is% (#ositrum). (#ositrum). *ts ounder was +ohn "ustin and hence it is also called "ustinian $chool.  The purpose o analytical jurisprudence jurisprudence is to analyse the rst principles principles o law without reerence either to their historical origin or development or their validity. "nother purpose is to gain an accurate and intimate understanding o the undamental woring concepts o all legal reasoning.  The positive law taes taes law as the command o the sovereign. sovereign. *t puts emphasis on legislation as the source o law. *t regards regards law as a closed system o pure acts rom which all norms and values are e'cluded.

Importance: -ought about precision in legal thining #rovided #rovided us with clear and scientic terminology 'cluded e'ternal e'ternal considerations which all outside the scope o law &hie e'ponents/ 0. -entham 1. "ustin 2. $almond 3. 4olland 5. 4art "part rom these, this school received encouragement rom urope rom 6elson.  This article primarily primarily deals with -entham, "ustin, "ustin, #ound and $almond to understand the evolution o this school.

Bentham  +eremy -entham was a lielong ormer o law. "ccording to him, no reorm o substantive law could be brought about without a reorm o its original orm and structure. -entham advocated an imperative theory o law, in which ey concepts were sovereignty and command, similar to "ustin7s postulation. 4owever he drew a distinction between social desirability and logical necessity, which "ustin did not.  The model o "ustin was the criminal statute. -ut -entham undertoo 8rational reconstruction9 which is wider that the model o "ustin. *n his boo "n *ntroduction to the #rinciples o Morals and :egislation, he has moved to as ;uestions about the penal and civil code.