Saturday, March 25, 2023

Introduction To Schools Of Jurisprudence

Jurisprudence is the systematic and scientific study of law, which seeks to provide a deep understanding of its sources, nature, purpose, definition, and application. As a field of study, jurisprudence is concerned with analyzing and evaluating legal concepts, principles, and systems in order to enhance our understanding of the law and its role in society.

Schools of jurisprudence/ School of thoughts

Over the years, five schools of jurisprudence have emerged, each with its own unique perspective on the nature of law and its application. These schools of thought have contributed significantly to the development of legal theory and have provided important insights into how the law should be interpreted and applied in different contexts. These schools are as follows:

  1. ANALYTICAL SCHOOL
  2. HISTORICAL SCHOOL
  3. PHILOSOPHICAL SCHOOL
  4. SOCIOLOGICAL SCHOOL
  5. REALIST SCHOOL


Analytical school

During the 19th century, the analytical school of jurisprudence gained prominence as a dominant force in legal theory, ultimately supplanting the natural law school and relegating it to a secondary position. Analytical jurists believe that the most important aspect of law is its relation to the state, and they view law as a command of the sovereign.

This school is also known as the imperative or positive school. According to this school, law is viewed as a command of the sovereign. This idea reflected the imperative school of thought. The positive school, on the other hand, emphasizes on the analysis of positive law, which means law as it exists, rather than law as it ought to be.

This school is led by two main jurists - John Austin and Jeremy Bentham. Interestingly, John Austin, who is referred to as the father of analytical jurisprudence, was a student of Bentham.

The analytical school has also produced other prominent legal scholars such as Kelsen, Hart, and Salmond. Through their work, these jurists have contributed significantly to our understanding of the law and its relationship to the state. The analytical school's emphasis on positive law and the role of the state in shaping legal systems continues to be an important area of study in contemporary legal theory.

Historical school

The Historical School is one of the major schools of jurisprudence. The fundamental ideology of this school is that law is not created but rather discovered and recognized. The main jurists of this school are Savigny, who is often referred to as the father of the Historical School, and Puchta. Other prominent jurists of this school include Montesquieu (founder), Hugo, and Burk.

The Historical School rejected the idea that law is based on abstract reasoning or moral principles. Instead, it emphasized on the importance of historical, cultural, and social factors in shaping the law. This school of thought views the law as an expression of the collective consciousness of a society, and it emphasizes on the need to understand the historical and cultural context in which the law develops.

Historical legal advisors sought to distance themselves from moral philosophy and imaginative thinking in law. They rejected the idea that judges or law specialists should play an active role in shaping the law, preferring instead to see the law as something that develops organically over time.

Philosophical school

The Philosophical School, also known as the Moral, Natural, Divine, or Metaphysical School, is another significant school of jurisprudence. This school emphasizes that law must not only be derived from divine sources or natural principles, but also from reason. In other words, the law must be fair, just, and reasonable. This school of thought has its roots in the modern concept of the Historical School of jurisprudence. Hugo Grotius, a Dutch jurist, is referred to as the father of the Philosophical School. Other prominent jurists of this school include Hegel and Maine.

The Philosophical School views the law as an embodiment of moral principles and values, and it emphasizes on the need for the law to be grounded in a sense of justice and morality. This school of thought asserts that the law should promote the common good and ensure that individuals are treated with dignity and respect.

Sociological school

The Sociological School of jurisprudence is one of the most influential schools of thought and it was adopted by all. This school believes that law and society have a reciprocal relationship, with each influencing the other. In other words, the law is viewed as an instrument of social progress, helping to shape and improve society.

The Sociological School has its roots in both the Historical and Philosophical Schools of jurisprudence. Due to revolts and political developments during the 19th and 20th centuries, there was a need to establish a balance in society for the betterment and welfare of its citizens. This led to the development of the Sociological School, which emphasized the importance of understanding the social and economic context in which the law operates.

Auguste Comte is often considered the father of the Sociological School, and other prominent jurists of this school include Duguit, Inhering, Ehrlich, Pound, and Spencer.

Realist school

Realist School of jurisprudence emphasizes on the importance of understanding the practical implications of the law, rather than focusing solely on abstract legal concepts. According to this school of thought, the law should be based on sanctions and punishments, and believed that the law must be the orders passed by judges, and that these orders must be followed, otherwise it would be considered contempt of court and subject to punishment.

The Realist School is divided into two groups: the American and the Swedish schools. The American Realist School includes prominent legal scholars such as Gray and Holmes (considered the father of this school), Frank, and Llewellyn. These scholars believed that law should be based on empirical evidence and the practical consequences of legal decisions, rather than abstract legal principles.

The Swedish Realist School, on the other hand, includes scholars such as Allen, Olivecrona, Ross, and Hägerström. They focused on the role of language and communication in legal reasoning and decision-making, arguing that legal concepts are socially constructed and therefore can change over time. The Realist School of jurisprudence challenged traditional legal theories and emphasized the importance of understanding the practical implications of legal decisions. 

Conclusion

Jurisprudence is the systematic and scientific study of law. The five schools of jurisprudence that have emerged over time each provide unique perspectives on the nature of law and its application. The Analytical School emphasizes on the relationship between law and the state, viewing law as a command of the sovereign. The Historical School emphasizes on the importance of historical, cultural, and social factors in shaping the law. The Philosophical School asserts that the law must be grounded in a sense of justice and morality. The Sociological School emphasizes on the reciprocal relationship between law and society, with each influencing the other. Finally, the Realist School emphasizes on the importance of understanding the practical implications of the law, rather than focusing solely on abstract legal concepts. The development of these schools of thought has contributed significantly to the development of legal theory, enhancing our understanding of the law and its role in society.

References

AB LEGALS: JURISPRUDENCE

Lec 3-Jurisprudence(3rdSem) by Neelam Kumari.pdf (patnalawcollege.ac.in)

Meaning, Scope and Nature of Jurisprudence - Indian Law Portal

Schools of Jurisprudence - An Overview | Law column

Schools of Jurisprudence along with Eminent Thinkers- iPleaders

Legal_Studies_Book_v8_XI.pdf

B.N. MANI TRIPATHI- JURISPRUDENCE THE LEGAL THEORY


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