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
• Law is the creation of the
State.
• Without a sovereign, there can
be no state.
• The hall- mark of law is
enforcement by the sovereign.
• The law rests upon the force of
politically organised society.
• Judges should confine
themselves to interpreting the
law.
HISTORICAL SCHOOL
• Law is found and not made. It
is self existent.
• Law is antecedent to the state
and is existed even before
states came into existence.
• Law is independent of political
authority and enforcement.
• Law rests on social pressure.
• In constructing a statue judges
should consider the history of
legislation in question.
COMPARISION
ANALYTICAL SCHOOL
• The typical law is statue.
• Emphasis is on an empirical a
priori method.
HISTORICAL SCHOOL
• The typical law is custom.
• Emphasis is on comparative
method.
THANK YOU