Jurisprudence and types of jurisprudence with different schools of jurists

Introduction

Its is very difficult to give a uniform and universal definition of jurisprudence. Every jurist has his own notion of the subject matter and the proper limits of the jurisprudence depend his ideology and the nature of the society. We can say that the growth and development of the law in different countries has been under different social and political conditions. In below we will discussed what is jurisprudence in law, the nature of jurisprudence and different types of jurisprudence.

Definition

The study of jurisprudence started with Romans. The word "Jurisprudence" is drives from a Latin word "Jurisprudenctia" which means knowledge of law or skill in law.

 According to UIpian (a Roman jurist) 

"Jurisprudence is the knowledge of things divine and human, the science of just and unjust."

According to Paulus (a Roman jurist)

"the law is not to be deduced from the rule, but the rule from the law."

The word jurisprudence has come to mean in England almost exclusively an analysis of the formal structure of law and its concepts.

According to Austin (an English jurist)

The science of jurisprudence is concerned with positive law, with "laws strictly so-called". Its has nothing to do with the goodness or badness of law. Austin divided the subject in to general and particular jurisprudence.

General jurisprudence includes such subjects or ends of law as are common to all systems.

Particular jurisprudence is confined only to the study of law or any portion of it.

According to Holland (an English jurist)

Sir Thomas Erskine Holland defines jurisprudence as 

"The formal science of positive law".

It is formal or analytical science rather than a material science. The term positive law has been defined by Holland as "general rule of external human action enforced by a sovereign political authority". Holland follows the definition of Austin but he adds the term 'formal' which means "that which concerns only the form and not its essence".

According to Salmond (an English jurist)

Sir John Salmond defines jurisprudence as 

"The science of law". By law he means the law of the land or civil law. 

In that sense, three kinds of jurisprudence is formed. Expository or systematic jurisprudence deals with the contents of an actual legal system as existing at any time, whether in the past or in the present. Legal history is concerned with a legal system in its process of historical development. The purpose of the science of legislation is to set forth law as it ought to be. It deals with the ideal of the legal system and the purpose for which it exists.

Type of Jurisprudence

John Salmond define jurisprudence into three types

• Analytical Jurisprudence
• Historical Jurisprudence
• Ethical Jurisprudence

In broader sense we define some more kinds of Jurisprudence by define different jurist which is 

• Sociological Jurisprudence
• Comparative Jurisprudence
• Synthetic Jurisprudence

Analytical Jurisprudence

 Analytical jurisprudence deals with the analysis of basic principles of law. Its is not concerned with the past stages of its evolution. Its is also not concern with its goodness and badness. The purpose is to analyse and dissect the law of the land as it exist today.

Jeremy Benthom was the real founder of analytical school of jurisprudence. Later on Austin took over the analytical method. After him Holland, Salmond and Prof. Hart working on it

Characteristics of Analytical Jurisprudence:

• Analysis of the concept of law.
• To examine the relation between civil law and other form of law.
• An analysis of the ideas of state, sovereignty and administration of justice.
• Analytical jurisprudence is the study of sources of law.
• Investigation of the theory of legislation, judicial precedents and customary law.
• An inquiry into the scientific arrangement of law into distinct departments along with an analysis of distinctions on which the division is based.
• An analysis of the concept of the legal rights.
• Examination of other legal concept.

Historical Jurisprudence

Historical jurisprudence deals with the scientific study of evolution and development of principles of law. Historical jurisprudence is the history of legal principles and conceptions of legal system. 

Carl Sacigny and Montesquieu is the historical jurisprudence school of thoughts.

Scope of Historical Jurisprudence

• Historical jurisprudence deals with law as it appears in its various form at its several stages of development.
• It deals with law as it appear with the origin and development of those legal conception and principles which are so essentials in their nature as to deserve a place in the philosophy of law.
• It seeks to show the conditions that give rise to the legal conception to trace their spread and development and to point out those conditions and influences which modifying them in the course of their existence.

Ethical Jurisprudence:

Ethical jurisprudence deals with the law as it ought to be in ideal state. It investigates the purpose of law and the measure and manner in which that purpose is fulfilled. Its concern itself with the relation of law to certain ideal which law is meant to  achieve.

Bentham and Hobbes Kandt was the jurist which deals ethical school of thoughts.

Scope of Ethical Jurisprudence:

• The concept of law.
• The relation between law and justice.
• The manners in which law fulfills its purpose of maintaining justice.
• The ethical significance and validity of those legal concept and principles which are so fundamental in their nature to be proper subject matter of analytical jurisprudence.

Sociological Jurisprudence

The sociological school devotes its attention not to be the ethical content and of law, but to the actual circumstances. which gives rise to legal institutions and which condition the scope and operation.

The chief exponent of sociological school of thought are Montesquieu, Comte and Durguit.

Scope of Sociological Jurisprudence:

• It was attempted to study law as seeking social origin of law and legal institutions.
• Testing law as given social phenomenon.
• Judging law by its social utility.

Comparative Jurisprudence:

The comparative method considers the development of two system of law. By comparing the notions and ideas prevailing in any one system with those in another. It discover those rules which are common to the legal system studied.

Synthetic Jurisprudence:

Knowledge is a synthetic whole and can't be divided into water tights compartment. The necessity for synthetic jurisprudence arises from the face that is necessary to determine the truth from all aspects and from different angles.