This video introduces the analytical school of jurisprudence, defining law as the command of the sovereign and emphasizing its study in the present context, distinct from past or future considerations.
Mind Map
Click to expand
Click to explore the full interactive mind map • Zoom, pan, and navigate
Hello everyone, I am Heena and you are watching
Legal Perception. In today's video, we will
discuss the analytical school of juris prudence in full detail. So stay tuned
till the end of the video. But before moving ahead,
one important information for you is
that the
notes of Juris Prudence have been prepared in simple language and in Hindi,
which I have prepared myself
and are in PDF form, which you
can print. If you
need notes of Juris Prudence, you
can take this WhatsApp's Prudence notes shown on the screen. It is in
simple language, in which you will
get all the topics of Juris Prudence. So, let's
discuss the schools of jurisprudence first. Before discussing the analytical school, there are
five types of schools in Juris Prudence, that is, five
types of ideologies have been given, in
which your natural law school,
analytical school,
historical school,
sociological school,
and realist school. Now All
five schools of law have
different views on what law is. Therefore,
Therefore,
they have been
placed in different schools according to their views on what law is. The
common thing in all these five schools is that
their views on what law is and what law is, are
different, hence each school is
different. For example, if we talk about the Natural Law
School, it says that the source of law is
Natural Law, that is, natural law. The
analytical school says that we should
consider law as the command of the sovereign, so law is the
command of the sovereign. We do not have to pay attention to how the law was in the past and how it will be in the future,
but
we have to look at how it is in the present time. Next
is the Historical School. Those jurists who analyze the law by looking at
where it came from and how it developed, they
emphasize on this thing.
In your Historical School, the
sociological school connects law to society.
That school is called the
Sociological School and this is the school of law. They
also believe that society is the
source of law. The Realist School, or the
Realist School, holds that
law is neither the command of any sovereign
nor based on natural law. Rather,
law is what judges judge,
meaning that the decisions made by judges are
law. In this way, you can see that
every school defines law but presents
its views in different ways. We will
discuss all the schools one by one in the upcoming videos, but today our
focus will be on the Analytical School.
Now, the first thing
we will discuss is the
characteristics of this school, that is,
what are its characteristics that
make it different from other schools.
But before discussing the characteristics, let us understand
that this school is known by many names. We
We
also call it the Super Constructivist School, or the Super Constructivist School.
Now, what does Super Constructivist School
mean? Because all the
jurists who believe in this school neither emphasize the future of law
nor its past. Neither
on its past nor on its future, we only see
how the law is in the present.
Secondly, if we look at its name, it is
Austinian ideology. Why is it called Austinian? Because
its originator, its
founder is considered to be Austin, that is why
it is also called Austinian ideology.
And thirdly, it is called analytical
ideology, as we are going to discuss in today's video,
why is it called
analytical ideology? Because this
study of law, the study of law, is done
in relation to the state, that is,
law is a product of the state. So, from here we will
discuss its characteristics. First of all,
law is related to the state, that is, the
relation of law is with the state and the law is a
product of the state. The state itself has
made the law. Next, the law, the method is the
order of the sovereign. Sovereign means that
in a society, there is a sovereign in the state, there is a
supreme person who is supreme and
he makes the law for the people below him. So,
when the biggest supreme person
makes any law for the people below him, gives any command, orders
or whatever He makes rules;
you will call that law. So, whatever the sovereign orders is
law, says the Analytical School.
Next, the third important thing is that there is a
presumption behind it, that is, if someone does
not obey the sovereign's orders, then he can be
punished. Every person who is a member
of the state is bound to obey the sovereign's orders. So
these were its characteristics. Now,
if we talk about the jurists of this school, its
supporters, then first among them
comes John Austin. After him
comes Jeremy Bentham. Both of them
play a very important role
in your Analytical School. Apart from this, H.L.A.
Hart-Haynes Kelsen is also an important
jurist of this school. So we will
discuss them one by one. First, let's talk about
Austin's theory of law.
What does Austin say in his theory of law?
First of all, let's look at John Austin.
We also call John Austin the Father of English Juris
Prudence, that is, the Father of English Jurisprudence.
According to Austin,
law is the command of the sovereign. As
I just explained to you, there is a Supreme Person in the State.
Whatever he commands or rules for those inferior to him, that is
law, says
Austin. Basically, this school is the
Analytical School, as Austin also believes.
We should study the law in the present, not
how it was in the past or how it should be in the future. The
Analytical School focuses on analyzing things, which is why it is
called the Analytical School. It places
more emphasis on the present. Austin completely considers
law to be simply the command of the sovereign,
whatever he commands. His entire focus is
on the sovereign. However, if we
talk about other jurists of this school, like John Austin,
Bentham and Jeremy Bentham are also
considered the founders of the Analytical School. However,
Bentham differs from Austin in this respect
because Austin
focuses entirely on the sovereign,
but he talks about absolutely unlimited power.
Regarding the sovereign, he says
that there are no restrictions on him;
he can order whatever he wants. Sovereign will be the law,
but Bentham also believes in order and
sovereignty, but he says that
some legal restrictions can be imposed on the sovereign.
Similarly, their sovereignty is partial,
partial,
not full. So, in a way, they
talk about partial sovereignty, which is
completely different from Austin. They
also talk about some legal restrictions.
Bentham also has a big role
in the analytical school. By the way, another
important point is that Bentham is
also very famous for his utilitarian theory,
which we
also know in Hindi as the utilitarian theory.
According to this theory, maximum
law in the society or state should be
for the happiness of maximum number of people. In
a way, Bentham puts more emphasis on happiness and suffering.
He says that the law should be for the
maximum happiness of maximum number of people. So,
Bentham is quite famous for his theory of utilitarianism.
Next important, if I were a
jurist If I talk about this, then
Hans Kelsen comes in. Hans Kelsen is also the third
important jurist of the analytical school
and is
famous for the pure theory of law. Now here,
pure theory of law means the
theory of pure law. That is, Hans
Kelsen wants to keep law separate from morality, politics and
other subjects
like sociology, economics,
ethics, without mixing
them. What this
means is that he says that we should keep law
separate from all these subjects.
We should not mix law with them so that
we can study law in a clean manner. So, in a way, he
called his theory the pure theory of law, that is, the pure theory of law,
because he wants to keep the law pure.
Whatever other aspect of yours, be it policy,
sociology, or ethics,
a very important theory has been
given by Kelsen, which we call the
theory of basic standards, that is, Grand Norms
Theory. Meaning here
he has also talked about a similar structure
which is like a pyramid. He has
said that all the legal orders are
a pyramid of standards which is
a structure of stairs going from top to bottom. According to the
law, all the
standards i.e. all the norms derive
their legality from this grand norm only.
Now let us
understand this with an example. To understand this theory
better, let us take an example.
Suppose this is your Constitution,
consider this as the grand
norm and all these small laws that we are seeing are your
basic laws, whether it is
CPC in it, CrPC in it, IPC in it, TPA in it,
Transfer of Property Act, so these have become small,
your basic laws, small ones
and this is the big one, your Constitution, so the Constitution has become
your grand norm and all these have become your
norms i.e. standards and this has become your
basic standard, so all the ones that you are seeing below, all those From
where are all the small laws
getting their legality? They are getting it from the grand norm.
So the grand norm here is
your constitution. If there is any
such provision in it which is
against the constitution, then
what will the court do? It will declare it unconstitutional, it will
examine its legality, it will examine its validity.
So in this way we can understand that the
constitution is playing the role
of grand norms and all
your laws are playing the role
of norms only. There should not be any such provision in the basic law
which is
against the constitution. If there is, then the
court will declare it unconstitutional. So
this is the theory of grand norms
which Kelsen has told us. We can understand this with the examples of
our constitution and other laws. So I
hope in today's
video you have discussed the theory of Hades Kelson, Bentham,
Austin, the three
biggest major jurists of your school very
well and you must have
understood it very well today. If you liked the video
then like it and
share it as much as possible and if you are
new to the channel then subscribe to the channel.
Apart from this, you will find
here any other notes
or PDFs that you have received, so see you
Click on any text or timestamp to jump to that moment in the video
Share:
Most transcripts ready in under 5 seconds
One-Click Copy125+ LanguagesSearch ContentJump to Timestamps
Paste YouTube URL
Enter any YouTube video link to get the full transcript
Transcript Extraction Form
Most transcripts ready in under 5 seconds
Get Our Chrome Extension
Get transcripts instantly without leaving YouTube. Install our Chrome extension for one-click access to any video's transcript directly on the watch page.
