Different people have different theories and notions to describe the subject of jurisprudence. Also there is a saying “hundreds mouth hundred talks” which fits in the meaning of this discipline. That is why it is difficult to have any general interpretation of jurisprudence.
It is a really wide concept that reflects the rule of law of a particular community when a jurist discusses political situations. The Romans are considered to be the first to learn the definition of law. It has a unique feature to read in combination with other fields like psychology, politics, economics, etc. It is dynamic which changes his range often. It does not come from any laws or state assembly-passed legislation.
To understand the "context of jurisprudence", it is required to determine its origin. The Latin term "jurisprudentia" is translated as "jurisprudence" which is made with two words - Juris and Prudentia. The study of the law, knowledge, or skill is implied by the word's comprehension.
Bentham is considered the father of jurisprudence. Through his work, Austin expanded on his lessons. Throughout history, the idea of jurisprudence has taken many different forms. The Romans preferred to regard it as the observation of all things human, along with the understanding of what is good and what is unjust.
Salmond refers to it as “science of the earliest principles of civil law”. It is very often called this “theory of positive law” or “the science of positive law”. There is no single concept of jurisprudence that is correct; all of them are correct in their own perspective.
The concept of justice and the rule of law originated in ancient India and Rome. And from these ancient times to the current 21st century, it has grown and changed across a number of phases. Some of the earliest mentions of the idea of jurisprudence may be found in ancient Indian manuscripts known as the Dharmashastra scriptures.
These days, there is a strong belief in morality and dharma philosophy. They had common law in the sense that we do now. Residents continued to follow a system of oral laws, conventions, and rules as well. Many law schools have grown as a result of the Roman Empire. The practice of law has evolved into a more academic and sophisticated field.
School of Analytical Jurisprudence
The present scenario of law is the main priority of the Analytical School of Jurisprudence. There are several names for this school, including the Austinian School, which is named for John Austin, who developed this approach. It is sometimes referred to as the Positivist School because its proponents are only interested in the law as it is in the now, not its past or future, and the Imperative School because it views the law as the sovereign's direction or command.
August Comte is credited with coining the word "positivism." Bentham originally established the theory of positive law, which was later developed by John Austin. Analyzing or breaking down the law into its original form is one of the main goals of this School.
Sociological School of Jurisprudence
The Sociological School of Jurisprudence places a strong focus on the interaction between society and the law, contending that the latter is greatly influenced by the former. According to this school, every issue and social shift should be examined from the point of view of law.
The Social Phenomenon of Law
Law, according to the Sociological School of Jurisprudence, is a social landscape that is either directly or indirectly related to society. This school's primary goal is to strike a balance between the welfare of the state and the individual, and it holds that current laws are insufficient to address today's socioeconomic issues.
Historical School of Jurisprudence
The historical school was established by Friedrich Karl von Savigny (1779–1861), that is a school of thought which illustrates how law came to us. This school believes that the law was discovered rather than created. It means that it existed from the earliest time (from very beginning).
According to the historical school, laws are created by people in response to their evolving needs and are a result of how society has evolved. There are many sources from which the law emerged such as Conventions, customs, religious beliefs, tradition, culture etc. But custom is the historical school's primary source.
Customs: are characterized as long-standing, generally recognized patterns of behavior or action that are unique to a given community, location, or era. It claims that traditions are more crucial than laws. This school came into being as a response to the natural school of law and in opposition to the philosophy of the analytical school of jurisprudence.
Philosophical School of Jurisprudence
The Philosophical School, sometimes referred to as the Ethical or Natural School, holds that in order to inspire individuals to live moral lives, legal philosophy ought to be grounded in ethical principles. This school of thought holds that the goal of the law is to uphold social harmony, protect law and order in society, and only defend legal restrictions that advance individual freedom.
The relationship between the law and the particular goals that the law aims to accomplish is the main focus of the Philosophical or Moral School. It aims to investigate the justification for enacting a specific law. The values of reason and logic are upheld in this school.
Grotius (1583-1645), Immanuel Kant (1724-1804), and Hegel (1770-1831) are notable members of this school, which holds that the law is the result of human reason and is meant to strengthen and elevate human identity.
The Realist School of Jurisprudence
This Realist School has a sociological approach which main focus is on the legal judgments and assessments. By considering what courts and ordinary individuals are doing, it questions conventional legal principles and notions. The significance of the judicial system in upholding the law is emphasized by this movement. The realism school links law to reality and holds that law is real.
The American Realist and the Scandinavian Realist are the two schools of realists. While the latter solely trusted in their own experiences, the former also observed judgments and learned from their own experiences.
