Analytical Law School

Many times jurists have made their efforts to define law, its sources and nature.
For the purpose of understanding their points of view, the jurists are divided on
the basis of their approaches to law. This division has been helpful in
understanding the evolution of legal philosophy.
One class of these jurists came to be known as "positivists" or "analysts" who
had little to do with vague and abstract notions of natural law. These were the
believers of Analytical or Positive School, who propounded positivism. The term
'positivism' was invented by Auguste Comte, a French thinker.
The exponents of this school are neither concerned with the past nor with the
future of law but with the law as it exists, i.e. with law 'as it is' (Positrum). Its
founder was John Austin and hence it is also called Austinian School.
The purpose of analytical jurisprudence is to analyse the first principles of law
without reference either to their historical origin or development or their validity.
Another purpose is to gain an accurate and intimate understanding of the
fundamental working concepts of all legal reasoning.
The positive law takes law as the command of the sovereign. It puts emphasis on
legislation as the source of law. It regards law as a closed system of pure facts
from which all norms and values are excluded.
Importance:
-Bought about precision in legal thinking
-Provided us with clear and scientific terminology
-Excluded external considerations which fall outside the scope of law
Chief exponents:
1. Bentham
2. Austin
3. Salmond
4. Holland
5. Hart
Apart from these, this school received encouragement from Europe from Kelson.
This article primarily deals with Bentham, Austin, Pound and Salmond to
understand the evolution of this school.

Bentham
Jeremy Bentham was a lifelong former of law. According to him, no reform of
substantive law could be brought about without a reform of its original form and
structure.
Bentham advocated an imperative theory of law, in which key concepts were
sovereignty and command, similar to Austins postulation. However he drew a
distinction between social desirability and logical necessity, which Austin did not.
The model of Austin was the criminal statute. But Bentham undertook rational
reconstruction which is wider that the model of Austin.
In his book An Introduction to the Principles of Morals and Legislation, he has
moved to ask questions about the penal and civil code. While investigating its
answers, he was led to Laws in General. What was originally conceived as an
appendix developed into a major consideration which was finished in 1782 and
published in 1945 as The Limits of Jurisprudence Defined.
Every law according to Bentham has a directive and a sanctioned part. Here,
directive aspect refers to the aspects of sovereignty will towards an act situation
and the sanctioned aspect refers to the force of a law. The law in force is
dependent upon motivation for obedience: political, physical, moral, religious
and threats of punishments and rewards.
Sanctions are provided by subsidiary law but they themselves require a further
set of subsidiary addressed to judges to prevent any further evil.
Austin
Law as defined by Austin is the aggregate of the rules set by men as political
superior or sovereign to men as politically subject.
Criticism:
1. Law is not a command.
2. Law is not a duty, it is rather enabling than restrictive.
3. This definition does not cover customs and international law.
4. Also his definition ignores the social aspect of law and psychological factors
which secure its obedience.
5. It has no universal application.
Merits:
1. This definition lays down precise boundaries within which jurisprudence is to
work.

2. This definition completely applies to English law.

Pound
The definition of law according to Pound gave a valuable approach and opened
new fields of study in context of social problems. According to him, law is a social
institution to satisfy social wants.
The only criticism received to his definition was that it gave no heed to nature
and character of law.
The merit of this definition was that it talks about policy and progress as well as
theory of justice.
Salmond
Law as per Salmond is that it is body of principles recognised and applied by
State in the administration of justice.
Criticism:
1. He confuses justice with law: Law is actually in force whether it is evil or good,
whereas justice is the ideal founded in moral nature of man.
2. Law is defined in terms of purpose: Law serves many ends and by confining it
only to pursuit of justice, Salmond has narrowed the field of law.
3. Courts not legislation: conventions are not included in this definition because
they are not enforced by Courts. Meaning of courts is not defined. Certain areas
of law, like customs, international law etc. can also not be incorporated since
even these are not enforceable by law.
Merits:
This definition bought about a change in analytical positivist view.
1. It expanded the boundaries of jurisprudence that was narrowed by Austin.
2. It gave importance to courts.
3. By including its purpose and emphasizing the role of Court in its enforcement,
he gave law a practical shape.