Question

Who was the founder of Analytical School of Law?

• A. Jhering
• B. Bentham
• C. John Austin
• D. August Comte

Hint:

While Bentham was a pioneer of positivism, John Austin is conventionally credited as the "founder" of the Analytical School due to his focused and influential work, "The Province of Jurisprudence Determined." For exam purposes, Austin is the standard answer.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks to identify the founder of the Analytical School of Jurisprudence. This school of thought, also known as Legal Positivism, focuses on law 'as it is' (\textit{positum}), rather than law 'as it ought to be.' It analyzes the basic concepts of a legal system like rights, duties, and the nature of law itself.
Step 2: Detailed Explanation:
- John Austin (1790–1859) is widely regarded as the 'father of the English Analytical School'. He provided the most systematic and comprehensive treatment of positivism. His famous theory defined law as the "command of the sovereign backed by a sanction." His approach was to analyze legal concepts by breaking them down into their constituent elements.
- Jeremy Bentham was Austin's intellectual predecessor and a major influence. He also advocated for a scientific analysis of law. While Bentham laid much of the groundwork, Austin is credited with formally founding and structuring the school.
- Jhering (Ihering) was a German jurist associated with the Sociological School of Jurisprudence.
- Auguste Comte was a founder of the discipline of sociology and the doctrine of positivism in a broader philosophical sense, not specifically in law.
Step 3: Final Answer:
The founder of the Analytical School of Law is considered to be John Austin.