What do you understand by Analytical Positivism ? (2016) – 4MARKS

What do you understand by Analytical Positivism ? (2016) – 4MARKS

Analytical Legal Positivism  Legal positivism is the most influential school of thought in jurisprudence. The positivist movement started at the beginning of the 19th century.  The analytical school is positive in its approach. The jurists of the school consider that the most important aspect of law is its relation to the state. Law is treated as command emanating from the state. For this reason, this school is also known as the imperative school.Define PositivismLegal Analysis and Examination of Man made Law i.e of the law “as it is” or “as it actually exist” is known as Positivism.The Analytical School is also called the Positive Law school because the exponents of the school are concerned neither with the past nor with the future of law but with law as it exist i.e “as it is ”The fundamental principles of legal positivism is to draw a clear cut demarcation between law and morals.Positivism Prof HLA Hart`s five fold meaning of Positivism 1. Law is the command of Human Beings 2. Law is as it is 3. Law is not to be derived from nor there is to be any relationship between law and other enquiries (sociology, history, etc.) 4. Legal system is a closed logical system (no external aspects can be allowed to be considered in law) Example: A.K.Gopalan v. State of Madras 5. Law is a matter of fact and it can be defended or justified unlike moral statements. Example: Capital punishment . Characteristics of Positivism • Certainty and Predictability of Law • Scientific Study of Legal System • Definite and Verifiable Source • Sanction • Bindingness emanates from State • Distinction between Law as it is and Law ought to be. • Law can only be studied with the help of logic.Chief Exponents of the Theory  Bentham;  Austin;  Sir William Markby;  Sheldon Amos;  Holland  Salmond;  Professor HLA Hart

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