Analytical jurisprudence is “to analyze and direct to law of the lad as it is” means as it exist in the present times. This analysis as to the principles of law is done without reference to their historical chain or their ethical significance. It study “the dogmas or exposition of the abstract principles of law as it exists at present or existed in the past”.
Scope of Analytical Jurisprudence
Analytical Jurisprudence analyses the basic principle of the existing civil law. But have no concern with the past stages of evolution and the ethical status, goodness or badness of the law. Therefore it can be said that it ignore the historical and ethical study. Thus, the scope of analytical jurisprudence extends to:
- Analysis of the law
- Treatment of a complex ideas and analysis of the various constituent ideas of with the complex one is made up of, i.e. those of the state, sovereignty, administration of justice.
- Examine the relations between the civil law with other forms of law.
- Study of sources of law, formal and informal
- Investigates the theory of legislation, judicial precedents and customary law
- Inquires into the scientific classification of the different subdivisions of corpus juris or the entire body of law with reasons
- Deals with legal liability, its kinds extended and incidence,
- Investigate such legal conceptions of property possession, trust, contracts, persons, obligations, negligence, motive, intention, acts etc, which by reason of their theoretical interest deserve special attention.
- Scientific study of origin development evolution of law
- Analytical jurisprudence deals with the conceptions of legal rights and their classes, their creation, transfer and extinction