Thursday, May 14, 2020

Analytical Philosophy The Law Of The Land As It s...

1. Analytical School Analytical jurisprudence is a method of legal study that concentrates on the logical structure of law, the meanings and uses of its concepts, and the formal terms and the modes of its operation. It draws on the resources of modern analytical philosophy to try to understand the nature of law. It is not concerned with the past stages of its evolution or its goodness or badness. The purpose is to analyse and discuss the law of the land as it’s exists today. It is a legal theory that draws on the resources of modern analytical philosophy to try to understand the nature of law. Although John Austin is considered the father of the school of analytical jurisprudence, the origins of this school of thought date back to the time of Jeremy Bentham (1748-1832). Bentham’s work has come into light recently is now known to be the founder of this approach. Austin owes a lot to Bentham as much of his work is just a â€Å"para-phrasing† of Bentham’s work. Scope of analytical school of jurisprudence can be observed as follows:- †¢ Analysis of the legal system and legal concepts such as Right, Duty etc. †¢ Analysis of the relation between civil law and other forms of law. †¢ Analysis of the legal structure of a state and administration of justice. †¢ In depth investigation into the actual sources of law. †¢ Investigation of the theory of legislation, precedents and customary law. †¢ An inquiry into the scientific arrangement of law into distinct departments along with anShow MoreRelatedAdministrative Law, Red and Green Light Theories5307 Words   |  22 PagesCambridge University Press 978-0-521-70179-2 - Law and Administration, Third Edition Carol Harlow and Richard Rawlings Excerpt More information 1 Red and green light theories Contents 1. Law and state 2. 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