Features of Analytical School of Jurisprudence
- Focus on “What Law Is”: Examines the existing law without involving morality.
- Law’s Basis in Authority: Law is created and enforced by political authority (sovereign).
- Absence of Moral Law: Law is distinct from morality, focusing solely on enforceable rules.
- Emphasis on Sanction: Laws are backed by sanctions to ensure obedience.
- Reaction to Natural Law: Opposes reliance on divine or moral principles.
- Distinction Between Law and Justice: Law and justice are treated as separate entities.
- Key Idea: Differentiated between "what the law is" (Expositorial Jurisprudence) and "what the law ought to be" (Censorial Jurisprudence).
- Utilitarianism: Advocated that legislation should aim to maximize the greatest happiness for the greatest number.
- Criticism of Common Law: Described it as overly complex and inaccessible to ordinary citizens.
- Definition of Law: “A rule laid down for the guidance of an intelligent being by an intelligent being having power over him.”
- Elements:
- Command: Orders issued by the sovereign.
- Sanction: Punishment for disobedience.
- Sovereign: Authority that creates and enforces law.
- Criticism: Overemphasized sanctions, neglected customs and morality, and ignored the role of judicial precedents.
- Primary and Secondary Rules: Distinguished between norms of conduct and rules about rules (e.g., legislation).
- Rule of Recognition: A foundational rule validating the legitimacy of all other laws.
- Criticism: Ignored moral considerations, focusing solely on the legal structure.
- Pure Theory of Law: Focused exclusively on the legal system, free from moral or social influences.
- Hierarchy of Norms: Each law derives validity from a higher law, culminating in the grundnorm (basic norm).
- Criticism: Lack of legitimacy for the grundnorm and an overemphasis on coercion.
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