Analytical jurisprudence

Analyze as it is: Analytical jurisprudence is “to analyze the law as it is.

Analyze in existing times: Analyze the law as it is in present, in the existing times.

Analysis without reference to historical chain: This analysis as to the principles of

law is done without reference to their historical chain. It has no concern with past
stages of evolution.

No concern with ethical significance: It is also not concerned with its ethical
significance which means that it is not concerned that how the law should be; it is
not concerned with the goodness or badness of law.

Ultimately we can say that it ignores the historical or ethical aspect of the law.

Analytic or 'clarificatory' jurisprudence uses a neutral point of view and

descriptive language when referring to the aspects of legal systems.

Herbert Lionel Adolphus Hart was probably the most influential writer in the
modern school of analytical jurisprudence, though its history goes back at least
to Jeremy Bentham.

The scope of analytical jurisprudence extends to

1: analysis of the law

2: state sovereignty, administration of justice.

3: relation between civil and other forms of law

4: studies the sources of law

5: theory of legislation, precedent and customary law

6: legal liability, its kinds

7: legal concepts of property, possession, trust, contract, person, obligation,

negligence, motive, intention, act.
8: rights, classification of rights

Ethical jurisprudence

What is ethics?

Moral principles that govern a person's or group's behavior.

The branch of knowledge that deals with moral principles.

It is also called moral philosophy.

Philosophy?

Philosophia(Greek), literally "love of wisdom". (Pythagoras)

The study of general and fundamental problems concerning matters such as

existence, knowledge, values, reason, mind, and language.

(Questioning, critical discussion, rational argument.)

Axiology

Aesthetics (nature, art, beauty, taste) and ethics are two sub branches.

Science of human conduct: Ethics is the science of human conduct in the society.

Ethics in a society deals with the members of any society

 how they behaved,

 how they are behaving and
 How should they behave?
It is ethics which provide the rules of best human conduct. It is divided into

Ideal moral code and positive moral code

Ideal moral code is conduct relates to natural law which has not been legislated
or manmade but enshrined in the hearts of people in society which are
unchanged and remain true in the future.

The positive moral code deals with rule of actual conduct as displayed in any
society at certain time, being based on public opinion of specific society, that
necessarily change with the time, place and society.

What we consider good in any society at certain time it may be bad at another
time with same society or nation. In any society it is not necessary that all people
are ideal therefore some laws are required for the enforcement of certain rules of
human conduct.

Ethical significance & adequacy: Ethical jurisprudence is a branch of legal

philosophy which approaches the law from the viewpoint of its ethical
significance and adequacy.

Ideal state of law: It deals with the law as it ought to be in an ideal state.

Investigates law: It investigates the purpose of law and the measure the manner
in which that purpose is fulfilled. It concerns itself chiefly with the relation of law
to certain ideas which law is meant to achieve.

Ethical jurisprudence inspects the conduct of human beings and recommends

amendment if any in the present law.
Historical Jurisprudence

Deals with general principles governing the origin and development of law and
also the development, evolution of legal conceptions and principles found in the
philosophy of law. Therefore historical jurisprudence concerns with the historic
evolution of the principles of law i.e. past stages of law.

Answers following questions

 What was the source of a particular law?

 Where from it was derived?
 What was its shape and scope in the past?
 How and under what influence it came to develop?
 Through what stages of evolution it passed to assume finally the shape in
which it is final today.

In brief it deals with study of evolution of fundamental principles and legal

conception in early societies.

History and historical jurisprudence

Historical jurisprudence constitutes the general portion of legal history and

examines the manner or growth of system. It deals with the general principles
governing origin and development of legal conceptions and principles found in
philosophy of law. It traces the growth of law from origin to view to find out origin
of legal concepts and general course of evolution.

History on the other hand records the changes which have occurred in the
development of law, and deals with historical background of a particular law.
Legal history is not critical and its main function is to catalogue the development
of law, allotting each phase its true position in the completed narrative. It
indicates the process of changes and is therefore descriptive.

Legal history deals with historical backgrounds of particular law.

 For instance how and when the penal code was passed is matter of history.
 Similarly an investigation of how principles of hearsay evidence came to be
evolved shall fall within the scope of legal history.