SOSC 2350 Study Guide - Midterm Guide: Charismatic Authority, Negative Liberty, Positive Liberty
31 Mar 2017
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Document Summary
Austin (created positivism analytical/normative jurisprudence command. Utilitarian alongside jeremy bentham - developed the legal theory of legal positivism. Austin believed that the purpose of the legal philosophy was to be separated into two tasks: analytical and normative jurisprudence. Analytical jurisprudence (austin): this is the legal theory that suggests judges should only look at the law as it is in society. This is the judge looking at the law as it is written and based on the exact wording of the law they must come up with a decision. This form of jurisprudence is very strict and forbids the judge from using judicial activism or any of their own experience. Analytical jurisprudence suggests that judges are only present to read and understand the written law, and that they shouldn"t legislate from the bench. Normative jurisprudence (austin): this is the legal theory that judges must look at the intention behind the laws based on the norms of society.
