Three Faces Of Analytical Jurisprudence

The Anglo-American jurisprudential form created by British jurist Austin has three faces:'Analytical jurisprudence','Legal positivism' and 'Meta-jurisprudence'.'Analytical jurisprudence' indicates the language analysis method used,'legal positivism' identifies its distinct position on the question of the relationship between law and morality,and 'meta-jurisprudence' emphasizes its level and position in the theoretical system of jurisprudence;and the three faces,respectively,define the jurisprudential tradition from the three different sides of methodology,epistemology and theoretical rank,which is of great significance for us to fully understand this tradition of jurisprudence.Among them,the first two faces are familiar to us,and the term 'analytical jurisprudence' even is often used as a label for this theoretical form;but they are not clear enough while the third is strange,and the connections between them are unresolved.In the same sense,the Anglo-American ethical form created by British ethicists Moore also has three faces:'Analytical ethics','Ethical positivism'and 'Meta-ethics'.Moreover,there are close internal relations between them.It can be said that 'analyticism,'positivism' and 'meta theory' are the three theoretical faces,which are shared by analytical jurisprudence and analytical ethics' as legal philosophy and moral philosophy respectively.Comparing with analytical ethics,the three faces of analytical jurisprudence become clear:1.the philosophical basis of the legal positivism and the ethical positivism is not the positivism of Kong De,but the British empiricist philosophical tradition.Therefore,they have similar theoretical predispositions of anti-metaphysics,moral standpoints of utilitarianism,as well as the emphasis on the normative reasoning;2.'Analytical ethics',as the product of the "language turn" of British and American philosophy in twentieth Century,has experienced the transformation of linguistic analysis from symbolic logic analysis to daily language analysis;Language analysis of'analytical jurisprudence' is the logical consequence of legal positivism.However,since the 'linguistic turn' of Modern philosophy,language analysis has undergone transformation from logical analysis to pragmatic analysis."Analytical jurisprudence" has been sublimated to "new analytical jurisprudence" withphilosophical faces.3.In the level of'linguistic turn' of Modern philosophy,the philosophy of language being "the first philosophy",language analysis combining with the study of presupposition of thought,analytical jurisprudence and analytical ethics respectively become the second order theory or 'meta-theory' of normative jurisprudence and normative ethics ",cause the formation of'Meta-jurisprudence'and'Meta-ethics'.More importantly,the inner connections between the three faces also emerge,which can be summarized as the following philosophical proposition:positivist epistemology determines the use of language analysis method,and the use of linguistic analysis,after the "language turn" of philosophy,lifts the theoretical rank of the positivism.That is to say,the second face is accompanied by the first faces,and the third is in them.Therefore,these three faces are actually 'three-in-one'.The necessary relation of the 'three in one' belongs at the same time to analytical jurisprudence and analytical ethics,and its deep logic faces the three faces of the analytical philosophy.