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Schools of Thought in Jurisprudence

The document outlines 5 schools of thought in jurisprudence: 1) The philosophical school focuses on natural law and the effects of laws on society. 2) The analytical school focuses on imperative law and legal concepts like rights and duties. It believes law should be codified by the state. 3) The historical school sees law as a consequence of societal growth over years and is dependent on customs and traditions, making it conservative. 4) The realist school focuses on analyzing court actions and decisions rather than logical assumptions. 5) The sociological school concentrates on the function of law in society and how law can be adjusted to societal needs.

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Ashish Raj
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378 views2 pages

Schools of Thought in Jurisprudence

The document outlines 5 schools of thought in jurisprudence: 1) The philosophical school focuses on natural law and the effects of laws on society. 2) The analytical school focuses on imperative law and legal concepts like rights and duties. It believes law should be codified by the state. 3) The historical school sees law as a consequence of societal growth over years and is dependent on customs and traditions, making it conservative. 4) The realist school focuses on analyzing court actions and decisions rather than logical assumptions. 5) The sociological school concentrates on the function of law in society and how law can be adjusted to societal needs.

Uploaded by

Ashish Raj
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Schools of thought in Jurisprudence

Philosophical School
The Philosophical School focuses much more in the theory of natural law. This school seeks to
find out the reason why a law is enacted and what are the effects of such a law in our society.
They believe the purpose of the law is to enhance the nobility of humanity. The philosophical
school is not concerned with the analytical and the historical aspect of law.

Analytical School
Analytical School is much more focused on the theory of imperative law. analytical school is
related to the origin of civil law. Analytical school talks about the concept of rights and duties and
investigates legal models such as acts and contracts.

Analytical school of law believes that law should be codified and the law must be governed by the
state with the aim of the benefit of people.

Historical School
The historical school believes that law is a consequence of years of growth of our society. The
historical school believes that the sources of law are customs, religious philosophies and societal
rules.

Historical school is too much dependent in the past and as a result, it becomes much more
conservative but still after such conservatism, the historical school states that law must change
with the people.

Realist School
Realist school is technically not a school of jurisprudence; rather realist school is tutoring of
thoughts. In realist school, they are much more focused on the actions of the court and what
they create. Realist school merely does logical assumptions from the general law.

Sociological School
Sociological school concentrated more on the function of law rather than its intangible content. 
The sociological school came into existence due to the accumulation of various thoughts of
jurists. The sociological school wanted to connect law with society and law can be adjusted
according to the needs of the society. Sociological school talks about legal institutions, doctrines
and other theoretical aspects of the law.

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