Page | 3
odern jurisprudence and philosophy of law is dominated today primarily byWestern academics. The ideas of the Western legal tradition have become so pervasive throughout the world that it is tempting to see them as universal.Historically, however, many philosophers from other traditions have discussed thesame questions, from Islamic scholars to the ancient Greeks.
Analytical jurisprudence is using a neutral point of view and descriptivelanguage when referring to the aspects of legal systems. This was a philosophicaldevelopment that rejected natural law's fusing of what law is and what it ought to be. David Hume famously argued in
Treatise of Human Nature
that peopleinvariably slip between describing that the world
a certain way to sayingtherefore we
to conclude on a particular course of action. But as a matter of pure logic, one cannot conclude that we
to do something merely becausesomething
the case. So analysing and clarifying the way the world
must betreated as a strictly separate question to normative and evaluative
questions.The most important questions of analytic jurisprudence are: "What arelaws?"; "What is
law?"; "What is the relationship between law and power/sociology?"; and, "What is the relationship between law and morality?"