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Encyclopedia > Analytic jurisprudence
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Analytical jurisprudence is to analyse the nature of law. To Prof HLA Hart, the nature of law is a combination or union of rules but this integration arises from social phenomenon. Law is seen as rules governing people.


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00:2 Newsletter on Philosophy and Law (5167 words)
All theory construction in jurisprudence is normative in a sense that extends far beyond the general regulatory aims of conceptual analysis; jurisprudence is, on their view, normative in a way that is incompatible with the methodological claims that Hart and I, among others, have advanced.
The second claim of normative jurisprudence is the neutrality claim-the claim that the normativity of theory construction is neutral with respect to the variety of substantive theories of law or of the concept of it.
The project of normative jurisprudence is driven by an important insight-that "law" is predicate of weak commendation-but it is not one that threatens a project of descriptive jurisprudence.
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