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    Jurisprudence

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    Arhum Khan
    This document provides an overview and comparison of the Analytical and Historical schools of jurisprudence. The Analytical school, developed in the 19th century, views law as the command of the sovereign. It focuses on positive law and the study of law as it exists. The Historical school originated in Germany in reaction to natural law theory and emphasizes the social institutions and evolution of law over time. The two schools differ in their views of whether law is created by the state or predates it, and whether judges should interpret statutes or consider historical context.

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    Jurisprudence

    Uploaded by

    Arhum Khan
    122 views10 pages
    This document provides an overview and comparison of the Analytical and Historical schools of jurisprudence. The Analytical school, developed in the 19th century, views law as the command of the sovereign. It focuses on positive law and the study of law as it exists. The Historical school originated in Germany in reaction to natural law theory and emphasizes the social institutions and evolution of law over time. The two schools differ in their views of whether law is created by the state or predates it, and whether judges should interpret statutes or consider historical context.

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    This document provides an overview and comparison of the Analytical and Historical schools of jurisprudence. The Analytical school, developed in the 19th century, views law as the command of the sovereign. It focuses on positive law and the study of law as it exists. The Historical school originated in Germany in reaction to natural law theory and emphasizes the social institutions and evolution of law over time. The two schools differ in their views of whether law is created by the state or predates it, and whether judges should interpret statutes or consider historical context.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    122 views10 pages

    Jurisprudence

    Uploaded by

    Arhum Khan
    This document provides an overview and comparison of the Analytical and Historical schools of jurisprudence. The Analytical school, developed in the 19th century, views law as the command of the sovereign. It focuses on positive law and the study of law as it exists. The Historical school originated in Germany in reaction to natural law theory and emphasizes the social institutions and evolution of law over time. The two schools differ in their views of whether law is created by the state or predates it, and whether judges should interpret statutes or consider historical context.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 10

    PRESTIGE INSTITUTE OF

    MANAGEMENT AND RESEARCH

    Department of Law
    Subject : Jurisprudence

    Presented to :- Prof. Deepa Shrivastav


    Presented by :- Gunjan Khatri
    ANALYTICAL SCHOOL
    INTRODUCTION
    • Also known as Austinian or Imperative school.
    • Treats law as command of sovereign.
    • Gained prominence in 19th century.
    • The exponents confine themselves to the study of law as it
    actually exists i.e. Positus.
    • Benthem breaks away from Natural Law and emphasized
    Utility.
    • Benthem propounds concept of expositorial jurisprudence
    which deals with law as it is.
    • Austin takes over the subject of expositorial jurisprudence and
    subject it to detailed, thorough and searching analysis.
    • His approach was secular, positive and impirical.
    • Austin propounded theory of Positive Law.
    MAIN EXPONENTS
    • JEREMY BENTHEM (1748 – 1832)
    • JOHN AUSTIN (1790 – 1859)
    • SIR JOHN SALMOND (1862 – 1924)
    • ERSKINE HOLLAND (1835 – 1928)
    • H.L.A. HART (1907 – 1992)
    • HANS KELSON (1881 – 1973)
    CRITICISM
    No legal system exists in a vacuum; hence cannot be
    fully understood by focusing only on the law itself.
    Modern trends suggest the blending of socio-economic
    factors in the study of jurisprudence. Analytical School
    conflicts with the usage of the term law as it does not
    include customary law, international law and
    constitutional law in its domain. The Analytical School
    disregards the moral element in law which implies that
    even unjust law is a law. Analytical school does not take
    into account legal change. It takes for granted the
    perfection of a legal system and proceeds to explain its
    fundamentals. However, change is undoubtedly a
    permanent factor in all walks of life.
    HISTORICAL SCHOOL
    • Originated in Germany due to political changes brought about
    by Napoleon wars.
    • According to Prof. Dias, “Historical School emerged as a
    reaction against Natural Law Theory”.
    • Gives primacy to the social institutions in which the law
    develops itself.
    • Concentrates on evolution of law from the primitive legal
    institutions of the ancient communities.
    • Deals with the general principles governing the origin and
    development of law and with the influences that affect the law.
    • The jurists propounded the view that all universal ideal
    principles to which positive law must conform were not
    principles of morals but principles of customary action.
    MAIN EXPONENTS
    • MONTESQUIEU (1689 – 1755)
    • EDMUND BURKE (1729 – 1797)
    • SAVIGNY (1779 – 1861)
    • PUCHTA (1798 – 1856)
    • GUSTAV HUGO (1764 – 1844)
    • SIR HENRY MAINE (1822 – 1888)
    • SIR FEDERICK POLLOCK (1845 – 1937)
    CRITICISM
    Being conservative in its outlook and rely on
    past many scholars criticise this school of
    thought. Karl Marx devoted an entire essay in
    1842 titled- "The philosophical manifesto of the
    historical school of law" to criticize the historical
    school of law, calling it the "sole frivolous
    product" of the eighteenth century.
    COMPARISION
    ANALYTICAL SCHOOL HISTORICAL SCHOOL
    • Law is the creation of the • Law is found and not made. It
    State. is self existent.
    • Without a sovereign, there can • Law is antecedent to the state
    be no state. and is existed even before
    • The hall- mark of law is states came into existence.
    enforcement by the sovereign. • Law is independent of political
    • The law rests upon the force of authority and enforcement.
    politically organised society. • Law rests on social pressure.
    • Judges should confine • In constructing a statue judges
    themselves to interpreting the should consider the history of
    law. legislation in question.
    COMPARISION
    ANALYTICAL SCHOOL HISTORICAL SCHOOL
    • The typical law is statue. • The typical law is custom.
    • Emphasis is on an empirical a • Emphasis is on comparative
    priori method. method.
    THANK YOU

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