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Overview of Jurisprudence Schools

The document discusses various schools of jurisprudence, including Historical, Ethical, and Scandinavian jurisprudence, highlighting their scopes, aims, and main exponents. It emphasizes the relationship of jurisprudence with other social sciences such as sociology and political science, illustrating how law interacts with societal norms and government functions. Criticisms of each school are also noted, particularly regarding the variability of customs and the distinction between ethics and law.

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39 views2 pages

Overview of Jurisprudence Schools

The document discusses various schools of jurisprudence, including Historical, Ethical, and Scandinavian jurisprudence, highlighting their scopes, aims, and main exponents. It emphasizes the relationship of jurisprudence with other social sciences such as sociology and political science, illustrating how law interacts with societal norms and government functions. Criticisms of each school are also noted, particularly regarding the variability of customs and the distinction between ethics and law.

Uploaded by

chmuhammadnadeem1046
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We take content rights seriously. If you suspect this is your content, claim it here.
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A.

​ HISTORICAL JURISPRUDENCE
It studies history of law and evolution of law over a period of time and also amendments,
introduction of new principles of law.
➢​ Scope of Historical Jurisprudence
Historical jurisprudence helps us recognize how laws have adapted to meet the changing
needs of societies. This school observes things from a broader [Link] are three aims of
this school.
1.​ How law develops.
2.​ Proper understanding of law.
3.​ Develop a relation of law with life.
Main Exponents:
1. Montesquieu 2. Savigny
CRITICISM:
Custom is not a law because it varies from area to area. It has no legal force.
B.​ ETHICAL JURISPRUDENCE
This school explores the ideal state of law. Ethical jurisprudence explores how legal rules
align with ethical principles and whether they uphold human dignity. This branch delves into
questions of justice, fairness, and human rights.
Main exponents:
1. Hugo Grotius
2. Hegel
➢​ Scope of ETHICAL JURISPRUDENCE
1.​ It deals with the law as it ought to be in an ideal state.
2.​ It aims at bringing the principles of the law to such a form in which attainment of
justice may best be achieved.
3.​ Its study brings together moral and legal philosophy.
Criticism on the Ethical Jurisprudence:
Ethics regulate the means of inner life while law regulates the means of external life.
C.​ SCANDINAVIAN JURISPRUDENCE
It concentrates on a group of individuals skilled in law which gives the principles. All laws
made by Judges. They say that law is what the judges say. They are also called realistic.
A.​ THE RELATIONSHIP OF JURISPRUDENCE WITH OTHER SOCIAL
SCIENCES
Jurisprudence is studying law, law regulates the conduct of individuals which forms societies.
Jurisprudence has important connections with various other social sciences. Let's break
down these relationships subject-wise:
1.​ JURISPRUDENCE AND SOCIOLOGY
Jurisprudence is the study of law and sociology is the study of society and it is also
discussing law but from a different stand-point. Jurisprudence is concerned with legal rules
that actually exist, however, sociology is studying the effectiveness of those legal rules and
their impacts on society.
2.​ JURISPRUDENCE AND Political Science
Political science is the study of government and its functions, however, Jurisprudence
analyses the legal framework through which governments function by making constitutional
principles that define governmental authority. Moreover, in a political society there exist rules
which regulate human conduct, which is the subject-matter of jurisprudence.
3.​ JURISPRUDENCE AND ETHICS

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