Schools of Jurisprudence

Introduction to Jurisprudence :
Jurisprudence is said to be the study of the Theory and Philosophy of Law. The term is derived from a Latin word – 1Juris
Prudentia; Juris meaning Law and Prudentia meaning knowledge or skills, thus translating as “knowledge of Law” in its
broadest sense.
Jurisprudence involves examining Fundamental Principles and Concepts of Law. It encompasses the study of sources of
Law, relationship between Law and other social sciences and the nature of Law itself. The scope of Jurisprudence is vast
and diverse, covering various topics such as Economics, Politics, Human Behaviour, Culture and many more. It refers to
the exercise of good judgment, common sense, and caution, especially in the conduct of practical matters.
Jurisprudence studies the theory as well as the origin and concept of Law. Law in itself is a very complex concept, its
understanding varying from people to people. For example, a Law student and a Lawyer understand the Law as a solution
of every dispute while an ordinary citizen understands Law as a way to punish the guilty.
Modern jurisprudence began in the 18th century and was based on the first principles of Natural Law, Civil Law, and
the Law of Nations. General jurisprudence can be divided into categories both by the type of question scholars seek to
answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered.
Jurisprudence allows us to understand the more abstract nature of Law. It is an important part of the Law which is based
on different hypotheses and interpretations. Jurisprudence does not concern the elaboration of the new rules; rather, it
focuses on current norms in structure and jurisprudence and its ideas will help Lawyers develop different and much better
procedures and rules during practice.
The study of Jurisprudence is not limited exclusively to Law development. Academics who study jurisprudence also make
significant contributions to the fields of other sciences, such as political and social sciences. This leads to the development
of society as a whole.

Significance of Jurisprudence :
 For practical application of Law in society.
 Tells us the basic idea and fundamental concepts of Law.
 Helps Lawyers and judges in the interpretation of rules and regulations passed by the Legislature.
 Helps Law students prepare for good civil life by study of Law to various aspects.
 Discusses political and legal rights and how the system can attempt to manage them.
 It is also called the grammar of Law as it helps a person to understand the legal language and grammar.

Schools of Jurisprudence :
The schools of Jurisprudence are approaches to the study of Law whose goal is to understand its nature, scope, purpose
and function in the society. These approaches differ in their theories about the Law, role of the state, relationship between
the Law and morality, Law and the society and the source of legal authority.
In this regard, the following schools have studied “Law” in different ways –
1. Natural Law Theory
2. Analytical School of Jurisprudence
3. Historical School of Jurisprudence
4. Sociological School of Jurisprudence
5. Realist School of Jurisprudence

1. Natural Law Theory –

The term “Natural Law” is not clear in its meaning. It refers to both, a moral theory as well as a legal theory while
the cores claims of the two are logically independent of each other. According to Natural Law’s moral theory, the
moral standards that govern human behaviour are, in some sense, objectively derived from the nature of human
beings and the nature of the world.
Some of the famous jurists said, that the Natural Law and its rules have come from God whereas some found their
source in nature and few others said they were a result of reason. On the basis of ideologies, titles like “Divine
Law”, “Moral Law”, “The Law of Nature”, “The Law of God” etc. have been given to it.
According to the Natural Law legal theory, the authority of legal standards derives, at least in part, from the moral
merit of those standards. Classical Natural Law theory, such as the theory of Thomas Aquinas, focuses on the
overlap between Natural Law (moral) and legal theories.
FEATURES OF NATURAL LAW :
 It is basically pre-decided conclusions which do not need any empirical study and which include inquiry,
observation or experiments to find out the causes and reasons in relation to the subject matter.
 It symbolises physical Law of nature based on moral ideals which are applicable at all places universally.
 Natural Law Schools have been used to both make changes or maintain things as they are according to the
needs and requirements of the time.

1
Also called iurisprudentia where, iuris is a genetic form of ius also meaning Law. (Wikipedia, n.d.)
  Ex – the concept of rule of Law in England and in India under the article 14 and due process of Law in the
U.S.A. are based on the principles of Natural School of Laws.

2. Analytical School of Jurisprudence –

The Analytical School of Jurisprudence focuses on the present form of Law. Also called the Austinian School
(named after John Austin, who established this methodology), it considers Law as the direction or command
of the sovereign. Its proponents are only concerned with Law as it exists presently and not with its past or
future. The Analytical School was dominant in England and therefore also came to be known as the English
school.
The underlying principle of this school is the relation of Law with that of a State. This school takes the evolved
legal system for granted and continues logically to analyse and classify its key principles in order to reveal
their interrelationships.
Analytical Jurisprudence’s significance stems from the fact that it provided clarity to legal reasoning. It gave
us a vocabulary that was clear, precise, and scientific. It accomplished Austin’s goal of “clearing the heads and
untying the knots.” It purposefully left out all external elements that aren’t covered by the Law.
FEATURES OF ANALYTICAL SCHOOL :
 The school considers Law as a closed system of pure facts from which all norms and values are
excluded.
 The ideals do not bother any Analytical Lawyer. They take the Law as a given matter created by the
State.
 The significance of Analytical Jurisprudence lies in the fact that it brought about precision in legal
thinking.

3. Historical School of Jurisprudence –

The Historical School of Jurisprudence2 is a school that describes the origin of Law. It believes that Law was
found and not made. It assumes that the Law was made to help people accustom to the development of the
society. The Law originates from the conventions, customs, religious principles and economic needs of the
people. The basic source of the historical school is custom.
This theory laid the seeds for the development of sociological and evolutionary jurisprudence.
Law has been deeply impacted by the forces of the past. The Law is historically influenced and is shaped
through all these years of development and dealt with societal changes.
The advocates of this school argued that Law is not made but is advanced from the pre-existence materials
like customs and religious principles, unlike the natural school, which believed that Law originates from
superior authority or sovereignty .
FEATURES OF HISTORICAL SCHOOL :
 Law and society are inter-related by way of customs, needs, desires of citizens, etc.
 Law is found, not made. The growth of Law is essentially unconscious and organic process; legislation
is therefore of subordinate importance as compared with customs.
 Laws are not of universal validity or application. According to Savigny, “Law grows with Nation,
increases with it and dies at its dissolution and is a characteristic of it.”
 It came as a reaction to the Natural School of Law.
 It opposes the ideology of the Analytical School of Jurisprudence.

4. Sociological School of Jurisprudence :

The Historical School of Jurisprudence emphasises the relationship between Law and society. It argues that
Law is a social phenomenon that has a significant impact on the society. This school claims that every
problem and change that occurs in a society should be viewed from a legal perspective.
This School of Jurisprudence puts forward the theory that Law is a social scenery and that it directly or
indirectly relates to society. This school’s main focus is to balance the welfare of the state and the individual
and it believes that the present-day socio-economic problems cannot be solved by existing Laws. This school’s
approach is based on logic and rationality, rather than metaphysical entities or divinities.
In the words of Ehrlich, “At the present as well as at any there time, the centre of gravity of legal development
lies not in legislation, nor in the juristic decision, but in society itself. ”
FEATURES OF SOCIOLOGICAL SCHOOL :
 Places a strong emphasis on understanding Law within its social context.
 It views Law as a product of social forces, shaped by factors such as culture, economics, politics, and
societal values.
 The sociological school of jurisprudence offers a perspective on Law that emphasizes its dynamic and
context-dependent nature.
 Sociological jurists adopt a realist approach to studying Law, focusing on how legal rules are applied
and enforced in practice rather than on abstract legal principles.

5. Realist School of Jurisprudence :

The Realist School is a sociological approach that focuses on decisions and evaluations of Law. It challenges
traditional legal values and concepts by examining what courts and common people are doing. This
movement emphasises the importance of the judicial organisation in the application of the Law. The realist

2
Founded by Friedrich Karl von Savigny (1779-1861)
 school believes Law is real and thus, co-relates Law with reality. Emerging in the early 20th century, the
Realist School of Jurisprudence represents a pivotal shift in legal thinking that challenges conventional
notions of Law and legal theory by focusing on the practical application of Law in the real world.
Legal Realists introduced a pragmatic approach to Law that emphasises the practical consequences of legal
decisions. They challenged the notion of absolute legal certainty, encouraging a more nuanced understanding
of the Law’s predictability. They advocated for comprehensive examinations of factors influencing legal
decisions, aiming for more informed and fair judgments.
Legal Realism’s recognition of the subjective elements in the legal system continues to influence
contemporary jurisprudential discourse and our understanding of how the Law truly operates in the real
world.
FEATURES OF REALIST SCHOOL :
 Believe that the Law serves as a practical guide for individuals to navigate their behaviour within
societal boundaries.
 Legal Realism rejects the notion that the Law is objective and impartial.
 Places a significant emphasis on studying judicial decision-making processes.
 It seeks to understand how judges arrive at their verdicts, taking into account factors beyond the
mere application of legal rules.

Conclusion :
As discussed above, Jurisprudence is a systematic study of Law. It basically investigates various theories and methods of
insight in respect to the Law.

The five schools of Jurisprudence – Natural, Analytical, Historical, Sociological and Realist – provide a framework for
understanding the nature of Law, the role of Law in society and the principles that underlie legal systems around the
world. Each school has its own unique perspective and approach to the study of Law and each has contributed to the
development of modern legal theory in its own way and each has been criticized by many eminent scholars. A practical
approach should be taken into consideration while studying Law rather than going for a theoretical one.

References :
 https://en.wikipedia.org/wiki/Jurisprudence#cite_note-6
 https://lawbhoomi.com/schools-of-jurisprudence/
 https://iep.utm.edu/natlaw/
 https://blog.ipleaders.in/analytical-school-of-jurisprudence/
 https://blog.ipleaders.in/sociological-school-of-jurisprudence/
 https://lawnotes.co/tag/salient-features-of-the-sociological-school-of-jurisprudence/#:~:text=These%20features%20include
%3A,%2C%20politics%2C%20and%20societal%20values.
 https://lawbhoomi.com/the-realist-school-of-jurisprudence/
 https://lawnotes.co/schools-of-jurisprudence/