Introduction to Jurisprudence The Analytical School of Jurisprudence is one of the most important

The term Jurisprudence comes from the Latin words juris (law) schools in the study of law. It is also called the “Positivist
and prudentia (knowledge or skill). School” because it examines law as it is (what law is), not what it
It literally means “knowledge or science of law.” ought to be. This school mainly developed in England in the 19th
In modern sense, jurisprudence is the study, knowledge, or century.
philosophy of law—a systematic analysis of the general principles, Meaning
concepts, and theories underlying legal systems. It explains: The Analytical School studies law by analyzing its principles, terms,
What law is, how it develops, and how it should be applied. and structure in a systematic way.
The relationship between law, justice, morality, and society. It treats law as a command of the sovereign, backed by sanctions.
According to Salmond: It focuses only on the positive law (man-made law enacted by the
“Jurisprudence is the science of the first principles of civil law.” state), ignoring moral, ethical, or religious considerations.
Utility of Jurisprudence Origin and Development
Jurisprudence is not only theoretical; it has great practical importance. Emerged in England in the early 19th century.
Its utility includes: The school was developed as a reaction against the speculative and
Clarification of Legal Concepts historical methods of jurisprudence.
Explains legal terms (e.g., rights, duties, liability, possession, Leading Exponents
ownership). Jeremy Bentham (1748–1832)
Helps lawyers, judges, and students understand law’s basic Considered the father of the Analytical School.
principles. Advocated codification of laws and “utility” as the basis for making
Development of Law laws.
Provides guidance for legislation and judicial interpretation. John Austin (1790–1859)
Helps adapt law to changing social, economic, and moral conditions. Systematized Bentham’s ideas.
Training of the Mind Defined law as “a command of the sovereign, backed by sanctions.”
Encourages logical and critical thinking about legal issues. Other contributors: H.L.A. Hart, Holland, Salmond (later
Broadens understanding beyond rigid rules. developments of positivism).
Bridges Law & Other Disciplines Main Features
Connects law with philosophy, sociology, politics, and ethics. Study of Positive Law: Only deals with laws as enacted and enforced
Uniformity & Certainty by the state.
Promotes consistency in applying laws. Separation of Law and Morality: Morality is excluded from the study of
Branches of Jurisprudence law.
Jurisprudence is generally divided into the following branches: Command Theory: Law is a command of the sovereign imposed on
Analytical (Positive) Jurisprudence subjects.
Examines the law as it exists (positivism). Sanction as Essential: Without sanction, law is not binding.
Concerned with the structure, sources, and enforcement of law. Focus on Legislation: Statutory law is considered the primary source.
Example: Austin’s command theory. Contribution
Historical Jurisprudence Helped in developing a clear and scientific understanding of law.
Studies the origin and evolution of legal principles. Gave importance to the certainty and stability of legal systems.
Focuses on customs, traditions, and historical development. Provided a foundation for modern legal positivism and codification.
Philosophical (Natural Law) Jurisprudence Criticism
Deals with law’s relation to morality, justice, and ethics. Ignores the moral and ethical aspects of law.
Asks: What should law be? Overlooks customary law and judge-made law.
Sociological Jurisprudence The concept of “sovereign” is not always applicable in democratic and
Studies the impact of law on society and vice versa. federal states.
Emphasizes law as a tool for social change. Too rigid; fails to adapt to social needs.
Comparative Jurisprudence Conclusion
Compares different legal systems to find similarities and differences. The Analytical School of Jurisprudence plays a crucial role in
Scope of Jurisprudence understanding the nature, structure, and functioning of law in a clear
The scope of jurisprudence is very wide and keeps expanding with and precise way. Though criticized for neglecting morality and social
social change. Its main areas are: factors, it laid the foundation for a systematic study of law as it is,
Sources of Law – Legislation, custom, precedent. influencing modern legal systems and positivist theories.
Legal Concepts – Rights, duties, ownership, possession, liability,
obligation, property, etc.
Relation with Other Sciences – Philosophy, economics, sociology,
psychology, politics.
Function & Purpose of Law – Order, justice, social welfare,
development.
Interpretation of Law – Principles of reasoning and legal logic.
Study of Administration of Justice – Civil and criminal justice systems.
Conclusion
Jurisprudence is the foundation of legal knowledge.
It equips lawmakers, judges, lawyers, and students with tools to
understand the spirit behind legal rules, adapt them to social needs,
and ensure justice.
In short, jurisprudence is the philosophy and science of law — vital for
the growth, interpretation, and application of legal systems.
The Historical School of Jurisprudence is a major branch of legal The Sociological School of Jurisprudence is a modern approach to
philosophy that emphasizes the historical evolution of law. law which studies law as a social phenomenon. It emphasises that
It argues that law is not created arbitrarily by judges or legislators; law cannot be understood in isolation from society; rather, it is an
rather, it is the product of customs, traditions, and the collective instrument to control, guide and improve social relations. The school
consciousness of a people over time. developed during the late 19th and early 20th centuries as a reaction
Origin and Development against analytical positivism and historical formalism.
This school arose in 19th-century Germany as a reaction against: Meaning and Nature
The Natural Law School, which treated law as universal and It views law as a social institution intended to satisfy the needs, wants
unchanging. and aspirations of people.
Excessive codification of laws (e.g., in France after the Napoleonic Law is not merely a command of the sovereign but a tool for balancing
Code). individual interests with social welfare.
The leading jurists felt that law must be studied in its historical and It studies how legal rules operate in society and how social forces
social context. shape the content of law.
Key Thinkers and Their Views Main Exponents
Thinker Contribution Auguste Comte – Laid the foundation of sociology, stressing the
Friedrich Carl von Savigny (Founder) scientific study of society.
Argued that law grows with the people like language or customs; it is Eugen Ehrlich – Propounded the concept of the “living law,” i.e., law
an expression of the Volksgeist (spirit of the people). Legislation as it actually works in society rather than as it appears in statutes.
should follow the maturity of legal customs, not precede them. Roscoe Pound – Developed the theory of Social Engineering, where
Sir Henry Maine law is used as an instrument to harmonise competing interests.
Brought the ideas to England. Famous for his theory of legal evolution: Duguit – Spoke about law as a means to realise social solidarity.
societies move “from Status to Contract.” Ihering – Advocated that the purpose of law is to serve social
Georg Friedrich Puchta purposes and protect interests.
Developed Savigny’s views further, emphasizing the scientific Key Features
systematization of customary law. Law is a means of social control and social change.
Main Features of the Historical School It focuses on the relationship between law and society.
Law is a historical product – it evolves with the growth of society. Emphasises the practical working of law rather than its abstract
Custom is the primary source of law – customs reflect people’s needs formulation.
and experiences. Promotes social welfare and justice.
Law grows organically – it is not imposed from above but emerges Recognises that customs, morals, and social behaviour influence law.
naturally. Objectives of the School
Legislation has a secondary role – statutes should codify matured To make law a tool for the betterment of society.
customs, not create laws abruptly. To ensure justice, order, and balance among various social interests.
Law reflects the Volksgeist – the common consciousness or spirit of To adapt law to the changing social environment.
the nation. Merits
Contributions of the Historical School Links law with real-life social needs.
Drew attention to the social and cultural foundations of law. Encourages reforms to make law more effective.
Helped develop the study of legal history and comparative law. Balances individual freedom with collective welfare.
Influenced the codification of laws in a way that respected national Makes jurisprudence practical and dynamic.
traditions. Criticism
Highlighted the role of custom and social practices in shaping legal Overemphasis on sociology may undermine the certainty and stability
systems. of law.
Criticism Lack of clear boundaries on how far social considerations should
Overemphasizes customs and traditions; may resist necessary influence legal interpretation.
reforms. Sometimes criticised for being too idealistic and neglecting the
The “Volksgeist” is abstract and hard to define. authority of formal law.
Ignores the creative role of judges and legislatures in shaping law. Conclusion
In modern societies with plural cultures, it’s difficult to identify a single The Sociological School of Jurisprudence treats law as a living and
national spirit. evolving institution designed to serve social purposes. By focusing on
Relevance Today how law interacts with social, economic, and moral forces, it helps
Still valuable in understanding the evolution of law. make legal systems more responsive, just, and effective in promoting
Guides lawmakers to respect cultural practices while framing the welfare of society.
legislation.
Important for studying legal pluralism and indigenous customs.
Conclusion
The Historical School of Jurisprudence reminds us that law is not
merely a command of the sovereign or an abstract ideal but a living,
growing institution rooted in the traditions and experiences of society.
Though it may need to balance tradition with progress, its focus on the
historical and cultural background of law remains significant in modern
jurisprudence.