What are the Different Types of Jurisprudence?
The word jurisprudence is derived from the Latin word ” jurisprudential” jurisprudential means skill in the law or knowledge of the law. Jurisprudence explains the fundamental legal principles. Jurisprudence is classified into different branches according to their approaches and purposes.
Kinds Of Jurisprudence:
jurisprudence is classified into four kinds these four kinds are:
I. Analytical Jurisprudence:
Analytical jurisprudence analysis basic principles of law. It is not concerned with the last stages of its evolution. It is also not concerned with its goodness or badness. The purpose is to analyze the present position.
Jurists Related with Analytical School
The real founder of Analytical Jurisprudence was Jeremy Bentham. Later on, Austin took over the analytical method. Jeremy Bentham and Jon Austin both are known as the founder of analytical jurisprudence but the real founder was Jeremy Bentham.
Scope of Analytical Jurisprudence
The scope o Analytical jurisprudence is as follows
- Analysis concept of law.
- Examination of the relationship between civil law and other forms of law.
- Analysis of the ideas of state, sovereignty and administration of justice.
- Study of all 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.
- Investigation legal liability in civil and criminal cases.
- Examination of other relevant legal concepts.
Importance of Analytical Jurisprudence:
The analytical jurisprudence is very important in all fields of law. It gives us clear, definite and scientific terminology to understand.
It is the scientific study of evolution and the development of the principle of law. Historical jurisprudence is the history of the legal principles and conceptions of the legal system.
Jurists related to Historical jurisprudence
The historical jurists include Savigny, Montesquieu, Rousseau, etc.
Scope of Historical Jurisprudence
The scope of historical jurisprudence is as follows:
- It deals with law as it appears in its various forms at its several stages of development.
- Historical jurisprudence deals with the origin and development of those legal conceptions and principles.
- This type deals to show the conditions that gave rise to the legal conceptions, to trace their spread and development, and to point out those conditions and influences which modifying them in the varying course of their existence.
Importance of historical jurisprudence:
Historical jurisprudence is important because the law cannot be understood without an appreciation of the Historical jurisprudence is a movement for fact against fancy.
Ethical jurisprudence is a branch of legal philosophy that approaches the law from the viewpoint of its ethical significance and adequacy. It deals with the purpose of law and the measure and manner in which that purpose is fulfilled. It concerns with the law as it ought to be an ideal state. Ethical jurisprudence concerns itself chiefly with the relation of law. Its area of study brings together legal philosophy and morals philosophy. Ethical jurisprudence is known as Rechtsphilosophie in jerman and in French, it is known as philosophie du Droit.
Philosophical jurisprudence deals itself with the philosophy of the law. It is a discussion about the nature of the law and why it is important to modern society. Legal philosophical jurisprudence is a popular branch of study and often it is used for legal reform.
Schools of thought define these categories with different categories. A school of thought is a conceptual way or theory, that is used to analyze. Various jurisprudential schools are there, but the most common are formalism, realism, positivism, and natural law.