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Jurisprudence


The Science of Jurisprudence

Jurisprudence is a subject which differs from other legal subjects. Most other legal subjects involve a study of legal principles, which are then to be applied practically and in a concrete manner. Whereas in Jurisprudence, the concern is to reflect on the nature of legal rules on true meaning of legal concepts.

Jurisprudence is thus the study of Fundamental legal principles. "Juris" is a latin word which means legal and "prudentia'' means skill or knowledge. Thus, in a very wide sense, the term connotes basic knowledge of law. 

In general sense, the term "jurisprudence" includes the entire body of legal doctrines and in this sense it includes knowledge of the law. But law in this case means civil law, the law of land.

There are 3 branches and 6 schools of Jurisprudence:-

The 3 branches are as follows:-

  1. Historical Jurisprudence

  2. Analytical Jurisprudence

  3. Ethical  Jurisprudence

Historical Jurisprudence:-

The Historical School of Jurisprudence deals with general principles governing the origin and development of law and with the influences that affect the law. Secondly, it also deals with the origin and development of those legal conceptions and principles which are essential.

Analytical Jurisprudence:-

Analytical Jurisprudence deals with the present. Its purpose is to analyze the first principles of the law as they exist in a legal system.

Ethical Jurisprudence:-

The Ethical or Philosophical School of Jurisprudence deals with the first principles of the ethical significance and adequacy of law. It expounds the first principles of law as they ought to be.

The 6 schools of Jurisprudence are as follows:-

  1. The Historical School of Jurisprudence:-

                  The task of Historical School of Jurisprudence is to deal with general principles governing the origin and development of law and with the influences that affect the law. Secondly, it also deals with the origin and development of those legal conceptions and principles which are essential. This school points out the history of the first principles and conceptions of legal system. From this school , one can know the the origin, sources and development of law.

        2.  The Analytical School of Jurisprudence:-

                     The Analytical School is positive in its approach to the legal problems in the society. It is not concerned with ideals, and takes the law as given by the state, whose authority it does not question. The legal system is thus made water-tight against all ideological intrusions, and all legal problems are couched in terms of legal logic.

         3.  Ethical or Philosophical Jurisprudence:-

                   This school seeks to investigate the purpose for which a particular law has been enacted. It is not concerned with its historical and intellectual content. In this approach, the purpose and end of law is the maintenance of peace and order with the help of physical force of he state., i.e. with the theory of justice in its relation to law.

           4. The Comparative School of Jurisprudence:-

                        This school of Jurisprudence is essentially concerned with the comparative study of the systems of jurisprudence in different countries of the world. By acquiring the knowledge of the legal systems of other countries civilized or uncivilized, one can get a better insight into a legal system of one's own country.

           5. Sociological School of Jurisprudence:-

                    This school is comparatively modern, and it devotes itself to the study of law as a social phenomenon, and tries to examine the consequences of law on human beings in civilized societies.

           6.  The Synthetic School of Jurisprudence:-

                        The synthetic school is the most recent school of jurisprudence founded in India in 1995 by an eminent Indian jurist, Dr. M.J. Sethna. This school attempts o arrive at a harmonious blend of all other Schools of Jurisprudence.


 

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