Practical Jurisprudence: A Comment on Austin (Classic Reprint)

Excerpt from Practical Jurisprudence: A Comment on Austin

A later developement Of this revolt against the synthetic method is to be found in our English Analytical jurists, who seek, instead Of building up a structure from assumed first principles, to take law simply as it is, and to analyse the actually existing legal ideas and conceptions.

Neither Of the two principal analysts appears to me, speaking with great deference, satisfactorily to perform this task. For Bentham, his follower Austin claims the merit Of belonging to the historical school. That this claim, however, is made in a somewhat narrow and negative sense Of the words will be clear at once to any one who reads the passage In question?

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