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KINDS OF JURISPRUDENCE
(A) Analytical Jurisprudence:
Analytical Jurisprudence deals with the analysis of basic principles of law. It is not concerned with the past stages of its evolution.
(i) Jurists Related to Analytical School:
Bentham, the father of positivism, enunciated the theme that laws are the work of human minds.
According to Austin, the matter of jurisprudence is positive law.
(ii) Scope of Analytical Jurisprudence:
Analytical Jurisprudence ignores the historical and ethical aspects of its study.
a. Analysis of law.
b. Treatment of a complex idea.
c. To examine the relations between civil law and other.
d. Study of the sources of law.
(iii) Importance of Analytical Jurisprudence:
The analytical jurisprudence provides us with clear, definite and scientific terminology, it excludes all external consideration with fall outside the scope of law.
(B) Historical Jurisprudence:
Historical Jurisprudence is the history of legal principles and conceptions of legal system.
(i) Jurists Related to Historical Jurisprudence:
The Historical school was founded by Von Savigny, Montesquieu and Rousseau etc.
(ii) Scope of Historical Jurisprudence:
Historical Jurisprudence concerns itself with the scientific study of the origin and development of the principles of law. It tells us what the source of a particular principle of law was, where from it was derived, what was its shape and scope in the past.
(iii) Importance of Historical Jurisprudence:
Historical Jurisprudence is a movement for fact against fancy, a call for a return from myth to reality.
(C) Ethical Jurisprudence:
Ethical Jurisprudence deals with the law as it ought to be in an ideal state.
(i) Jurists Related to Ethical Jurisprudence:
The chief exponents of ethical jurisprudence are Bentham, Hobbes, Kant etc.
(ii) Scope of Ethical Jurisprudence:
Ethical Jurisprudence aims at bringing the principles of the law ot such a form in which attainment of justice may best be achieved.
OTHER KINDS OF JURISPRUDENCE
(i) Sociological School:
According to sociological school, the common field of study of the jurist is the effect of law and society on each other. This approach takes law as an instrument of social progress.
(ii) Realist School:
The realist movement, which prefers not to be called a school, is a branch of sociological school. It studies law as it is in its actual working and effects.
(iii) The Scandinavian Realism:
The Scandinavian jurists associated with the realist movement have put forth a philosophical justification for their positivist outlook while elimination all metaphysics.
(iv) American Realism:
The American realist movement is a combination of the analytical positivist and sociological approaches. This movement considerably to influence legal thought, but its basic approach was more philosophical and abstract.
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