Analytical jurisprudence


Analytical jurisprudence

Analytical jurisprudence is a legal theory that draws on the resources of modern analytical philosophy to try to understand the nature of law. Since the boundaries of analytical philosophy are somewhat vague, it is difficult to say how far it extends. H. L. A. Hart was probably the most influential writer in the modern school of analytical jurisprudence, though its history goes back at least to Jeremy Bentham.

Analytical jurisprudence is not to be mistaken for legal formalism (the idea that legal reasoning is or can be modelled as a mechanical, algorithmic process). Indeed, it was the analytical jurists who first pointed out that legal formalism is fundamentally mistaken as a theory of law.

Legal scholar L. Ali Khan supplies a powerful thesis that [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=939712 legal reasoning] is more like engaging in artistic creativity rather than conducting a mechanical application of rules or precedents.


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