ramyagoud009@gmail.comAnalytical School of Jurisprudence is one of the important schools of Jurisprudence. It studies law in an analytical and systematic manner and mainly focuses on law as it is, rather than law as it ought to be.
The Analytical School studies the nature, meaning and structure of positive law. It attempts to understand legal concepts by examining the law recognised and enforced by the legal system.
The school is generally associated with Legal Positivism. It separates the question of the existence of law from the question of whether the law is morally good or bad. Stanford Encyclopedia of Philosophy
In Simple Words:
Analytical School = Study of Law as it Exists
JOHN AUSTIN AND ANALYTICAL SCHOOL
John Austin is the most important jurist associated with the Analytical School.
His theory is commonly known as the:
Command Theory of Law
or
Imperative Theory of Law
Austin explained law mainly through three important concepts:
- Command
- Sovereign
- Sanction
Remember:
Sovereign → Command → Sanction → Law
Austin is widely regarded as a major systematic exponent of analytical jurisprudence and legal positivism. Stanford Encyclopedia of Philosophy
AUSTIN’S COMMAND THEORY OF LAW
According to Austin, law is a command of the sovereign backed by a sanction.
A command expresses the desire of the sovereign that a person should do something or should not do something.
A sanction is the consequence of disobedience to the command.
THREE IMPORTANT ELEMENTS
1. Sovereign
The sovereign is the supreme political authority to whom the people habitually obey.
2. Command
