What are School of Jurisprudence?
Modern-day jurisprudence began in the Eighteenth century and was focused on the fundamental standards of natural law, civil law, and the law of nations.
The five schools of Jurisprudence deal with law and in a way, analyses law through different aspects. Each school looks at law through a different lens and consists of different theories to deal with the same.
Analytical school –
Analytical school is also called as the ‘Imperative school’. The name ‘Imperative school’ was given by Dr. C.K. Allen. This school is also called as ‘Positivist school’. This is because, this school studies law ‘as it is’, that is in the ‘positus’ manner. Thus, this school is also called as the ‘Positivist school’. There is a major theory surrounding the Analytical school as well. It is that the Analytical school studies the relationship between Law and the State. The most important quote given by the founder, John Austin, of the Analytical school is that “Law is a command of the sovereign backed by sanction”. This quote represents the theory or philosophy of the Analytical school. The quote in simple words means that, law is the order given by the sovereign, that is the highest authority of the state, and if that order is not followed then sanctions, that is punishments, would be applicable to the concerned. The theory of all the exponents of the Analytical school is based on the said quote.
The Founder of the Analytical school, John Austin, had divided law into two categories – a. Law properly so called, and b. Law improperly so called. Another important jurist in consideration with the Analytical school is Jeremy Bentham. The theory propounded by him is “The theory of Utility”. Hans Kelson, another jurist of the Analytical school, had propounded the “The Pure Theory of Law”. He stated that law should be devoid of other sciences and other subjects and law should be a pure theory. He based this theory on a pyramidical structure of norms called as ‘Grundnorm’. He had also termed the sociological school as ‘Meta juristic’.
The Chief Exponents of Analytical school are Jeremy Bentham, John Austin, Sir T.E. Holland, Sir John Salmond, H.L.A. Hart, Gray, Hohfeld and Kelsen.
Historical School –
The second school of Jurisprudence is the Historical School. This school mainly studies about “How did law come into existence?” It studies about the origin of law and its existence. This school analyses the said question and gives the answer that “Law is antecedent to the state." It means that the origin of law was prior to the origin of the state. Unlike the Analytical school which gives primacy to law, the Historical school does not do so as this school gives primacy to social institutions in which law develops.
A jurist of the Historical school, Savigny, who was a German, had given the theory of ‘Volkgeist’ which was based on Roman law. The term ‘Volkgeist’ means “Popular spirit of the people”. Savigny stated that law should be based on the popular spirit of the people. An important book by Savigny named Das Recht des Bestiges translated as Law of Possession is quite famous.
The Chief Exponents of Historical School are Friedrich Karlvon Savigny, Sir Henry James Sumner Maine, Edmund Burke, Gustav Hugo, Puchta, Vinogradoff, Herder, Montesquieu, Sir Friedrick Pollock and Lord Bryce.
Philosophical School –
The third school of Jurisprudence is the Philosophical school. According to this school of Jurisprudence, law should be based on ethical values. This school studies law ‘as it ought to be’. Like the Analytical school studies law ‘as it is’, the Philosophical school studies law ‘as it ought to be’. This school sets some standards and states that law should be as it ought to be. According to this school, the purpose of law should be to maintain justice and order in the society. It lays down the standards and criteria for the same.
Immanuel Kant, a Jurist of the Philosophical school, has given an important theory which is termed as the ‘Categorical Imperative’.
The Chief Exponents of Philosophical School are Hugo Grotius, Immanuel Kant, Fichte, Hegal, Schelling, Kohler, Stammler, Del Vecchio and Gueist.
Sociological School –
The fourth school of Jurisprudence is the Sociological school. As the name suggests, the Sociological school lays emphasis on society and studies the relationship law and society. The Sociological school states that ‘Law is not an isolated phenomenon’. It means that law cannot be separated, and it is linked with other social sciences such as philosophy, psychology etc. It states that law has be studied along with other aspects, that is, in relation with them. The Sociological school studies the effect of law on society. The jurists of this society analyse the effect of law on the society.
An important theory propounded by the Jurist; Roscoe Pound is the theory of ‘Social Engineering’. He has defined ‘Social Engineering’ as “Balancing of competing interest in the society”. Another theory propounded by Ehrlich termed as ‘Living Law’. The theory of ‘Social utilitarianism’ propounded by Rudolph Ihring. This theory states “How is law a means to achieve end”. Duguit, another jurist of the Sociological school, had propounded the theory of ‘Social Solidarity’. This theory speaks about the “Division of labour”.
The Chief Exponents of Sociological School are Roscoe Pound, Auguste Comte, Herbert Spencer, Gierke, Maitland, Rudolph Ihring Eugen Ehrlich, Leon Duguit, Francois Geny and Justice O.W. Holmes.
Realist School –
The fifth school of Jurisprudence is the Realist school. Realist school is considered as the latest branch of sociological jurisprudence. The jurists of Realist school believe that law is not definite. They also believe that law cannot be predicted because it is based on a set of facts which are brought before the court for a decision. The Realist school also believes that the ‘Certainty of law’ is a myth. This quote was given by the famous jurist, Jerome Frank, of the Realist school. It means that, they believe that law is not certain, it keeps on changing according to the facts brought before the court.
The Chief Exponents of the Realist School are Karl N. Llewellyn, Jerome Frank, Thurman Wesley Arnold, Axel Nagerstorm, K. Olivercrona, Alf Ross and V. Lundsted.
Jurisprudence is the scientific study of law. It is a sort of science that examines the creation, purpose, and necessities of laws. Jurisprudence is the analysis of concepts and techniques of interpretation regarding the law. It has practical and informative esteem.
There are five schools of jurisprudence as mentioned above. Though the schools of the law tried to eliminate some of the flaws in the law-making and authorizing processes, there must be an assessment and analysis to rapport the assertion of the purpose and reasoning behind the law. Moreover, the enactment of law should be seen at from a practical approach rather than a theoretical one.
1. Who were the Chief Exponent of Realist School of Jurisprudence?
Ans - The Chief Exponents of the Realist School are Karl N. Llewellyn, Jerome Frank, Thurman Wesley Arnold, Axel Nagerstorm, K. Olivercrona, Alf Ross and V. Lundsted.
2. Who were the chief Exponent of Sociological School of Jurisprudence?
Ans - The Chief Exponents of Sociological School are Roscoe Pound, Auguste Comte, Herbert Spencer, Gierke, Maitland, Rudolph Ihring Eugen Ehrlich, Leon Duguit, Francois Geny and Justice O.W. Holmes.
3. Who were the Chief Exponents of Philosphical School?
Ans – The Chief Exponents of Philosophical School are Hugo Grotius, Immanuel Kant, Fichte, Hegal, Schelling, Kohler, Stammler, Del Vecchio and Gueist.
4. Whoa are the Chief Exponents of Historical School?
Ans - The Chief Exponents of Historical School are Friedrich Karlvon Savigny, Sir Henry James Sumner Maine, Edmund Burke, Gustav Hugo, Puchta, Vinogradoff, Herder, Montesquieu, Sir Friedrick Pollock and Lord Bryce.
5. Who are the The Chief Exponents of Analytical school?
Ans - The Chief Exponents of Analytical school are Jeremy Bentham, John Austin, Sir T.E. Holland, Sir John Salmond, H.L.A. Hart, Gray, Hohfeld and Kelsen.