As John Austin describes the venture, analytic jurisprudence seeks “the essence or nature which is common to all laws which might be properly so known as” (Austin 1995, p. 11). Accordingly, analytic jurisprudence is anxious with offering necessary and adequate conditions for the existence of law that distinguish law from non-law. Philosophy of law (or legal philosophy) is anxious with offering a basic philosophical analysis of law and legal institutions. Issues within the field vary from abstract conceptual questions about the nature of law and authorized methods to normative questions about the relationship between regulation and morality and the justification for various legal establishments.
The Constitution does not expressly provide for administrative agencies, but the US Supreme Court has upheld the delegation of power to create federal companies. In contrast to criminal regulation, the legislation that governs noncriminal disputes, such as in lawsuits (as opposed to prosecutions) over contract disputes … Read More