Define: Analytical Jurisprudence

Analytical jurisprudence is a legal theory that focuses on the analysis and understanding of legal concepts and principles. It seeks to examine the nature of law, its purpose, and its relationship with society. This approach emphasises the importance of logical reasoning and objective analysis in interpreting and applying the law.

Analytical jurisprudence originated in the 19th century and was developed by legal scholars such as John Austin and H.L.A. Hart. It rejects the idea that law is based on moral or ethical principles and instead argues that law should be understood as a set of rules created by a sovereign authority.

According to analytical jurisprudence, the primary goal of legal analysis is to identify and interpret the rules that govern human behaviour. It emphasises the importance of clarity and precision in legal language and the need for consistency and predictability in legal decision-making.

Analytical jurisprudence also examines the relationship between law and morality. It argues that while law and morality may overlap, they are distinct concepts and should be treated as such. This approach rejects the idea that judges should base their decisions on personal moral beliefs and instead advocates for a more objective and neutral interpretation of the law.

Overall, analytical jurisprudence provides a framework for understanding and interpreting the law based on logical analysis and objective reasoning. It seeks to separate law from morality and emphasises the importance of clarity, consistency, and predictability in legal decision-making.

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This glossary post was last updated: 11th April 2024.