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    Analytical Positivism

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    Amrutha Santhosh Kumar
    Analytical positivism is a school of jurisprudence developed in the 19th century England after the industrial revolution. It sees law as the commands of the sovereign backed by sanctions. Positivism says that law should be analyzed as it is, separate from morals. HLA Hart expanded on this, defining five key aspects of analytical positivism including that laws are commands from humans and that legal systems are closed logical systems separate from social policies. John Austin also defined law as commands from a sovereign power to subjects that must be obeyed.

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    Analytical Positivism

    Uploaded by

    Amrutha Santhosh Kumar
    56 views13 pages
    Analytical positivism is a school of jurisprudence developed in the 19th century England after the industrial revolution. It sees law as the commands of the sovereign backed by sanctions. Positivism says that law should be analyzed as it is, separate from morals. HLA Hart expanded on this, defining five key aspects of analytical positivism including that laws are commands from humans and that legal systems are closed logical systems separate from social policies. John Austin also defined law as commands from a sovereign power to subjects that must be obeyed.

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    Analytical positivism is a school of jurisprudence developed in the 19th century England after the industrial revolution. It sees law as the commands of the sovereign backed by sanctions. Positivism says that law should be analyzed as it is, separate from morals. HLA Hart expanded on this, defining five key aspects of analytical positivism including that laws are commands from humans and that legal systems are closed logical systems separate from social policies. John Austin also defined law as commands from a sovereign power to subjects that must be obeyed.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    56 views13 pages

    Analytical Positivism

    Uploaded by

    Amrutha Santhosh Kumar
    Analytical positivism is a school of jurisprudence developed in the 19th century England after the industrial revolution. It sees law as the commands of the sovereign backed by sanctions. Positivism says that law should be analyzed as it is, separate from morals. HLA Hart expanded on this, defining five key aspects of analytical positivism including that laws are commands from humans and that legal systems are closed logical systems separate from social policies. John Austin also defined law as commands from a sovereign power to subjects that must be obeyed.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 13

    Analytical Positivism

    or Analytical School

    By
    Dr. D Ganesh Kumar
    Asssitant Professor
    Symbiosis Law school
    Hyderabad
    Analytical School of Jurisprudence :-

    • Positivism is developed in England in the


    Nineteenth century after the industrial
    revolution.
    • The positive law is concerned with the legal
    system or the rules in force. These rules are
    different from the ideal system or the law
    as it should be (ought to be) for the reason
    that it is considered to be a black/bad law,
    deprived of fundamental rights.
    Cont..
    • The concept of positivism says that you
    have to see the law as it is laid down
    devoid of morals, ethics, and principles of
    natural justice(Equity, Justice and Good
    Conscience) (Closed logical system). It is
    Antithesis to Normative law.
    • Positivism says that law should be
    followed in strict sense.
    Austin Concept of Law

    • Austin defined law as :- it is the command


    of the sovereign backed by sanctions. One
    of the main reason, why it is called as
    imperative law. (Binding law on its
    subjects).
    Analytical Positivism

    • Another important aspect of positivism is


    enforceability.
    • A command addressed to the public at
    large is called as positive law
    HLA Hart concept of Positivism
    • Prof. H.L.A. Hart defined what Analytical positivism is, in 5 meanings:-
    • Laws are commands of human beings (Laws made by men for men).
    • There is no necessary connection between law and morals (Law as it
    is(Positive law) and Law it ought to be).
    • Analysis of legal concepts is
    –Worth Pursuing
    –To be distinguished from historical and sociological enquires, the causes,
    appraisal of law in terms of morals.
    • A legal system is a closed logical system in which correct legal
    decisions can be deduced by logical means from pre-determined legal
    rules without reference to social aims, policies, moral standards.
    • Moral judgments cannot be established or defined as statements of
    facts can, by rational arguments, evidences or proof.
    • (it is only following the statute within its perview).
    Austin’s Definition

    • Law is a rule laid down for the guidance of


    an intelligent being by an intelligent being
    having power over him.
    • An intelligent being is a person of ordinary
    prudence.
    Sovereignity
    • Sovereignty :- means supremacy, A
    command of obedience
    • According to Jermy Benthem:- Sovereign
    is any person or assemblage of persons to
    whose will a whole political community is
    supposed to be in a disposition to pay
    obedience and that in preference to will of
    any other person.
    Contd..

    • According to John Austin :- A Sovereign is


    a determinate human superior and should
    receive habitual obedience from the bulk
    of given society and he is not in habit of
    obedience to like superior.
    Attributes of Sovereignity
    • The attributes of sovereignty are:-
    • it is illimitable,
    • indivisible and
    • continuous or definite.
    • A Sovereign must receive habitual
    obedience from the bulk of given society.
    Cont..

    • Another Aspect:- A Sovereign cannot exist


    without a State.(Legally defined
    organization consisting of Territory,
    Population, Government and measure of
    independence in external relations with
    other States (Countries) ).
    Cont..
    • To Sumup:- The subject matter of Analytical
    Jurisprudence is only Positive law.
    •  
    • Analytical Jurisprudence means “the analysis
    of legal rules and concepts through empirical
    and scientific method”.
    • Chief exponents of this school are Jermy
    Benthem, John Austin, Holland, H.L.A. Hart
    etc.
    • Thank you

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