Jurisprudence: Types of Law Schools

Introduction

Jurisprudential Thought-

The word “Jurisprudence” refers to law’s philosophy or science. Many experts of this subject have their own diverse styles of stating the law. There are a few schools of jurisprudence that have their own base for decision-making. The contemporary way of thinking of law, which manages general statute, talks about issues inner to law and lawful frameworks and issues of law as a social organization that identifies with the bigger political and social setting in which it exists. Present-day jurisprudence started in the eighteenth century and was centered around the primary standards of natural law, common law, and the law of countries. Jurisprudence can be put into classes both by the kind of questions researchers look for a reply to and by the speculations of law, or ways of thinking, with respect to how those inquiries are best replied to.

1. Natural Law School-

This school says that everyone has an absolute normal right. Right ethics, morals, and ideologies are the basis of this school. The law was made in 300BC. Natural law school has a few points in them that one has to consider while making the decision, First -There is firm legal values in place. Example - You have to assume that the accused is innocent until his crime or accusation is evidenced correctly. Second - The origin of morals is absolute in form therefore the values are inflexible. Third- Morals can be determined by human reason. Fourth - After a determination is completed, the law surpasses over any rule created by humans. Absolute human rights are integrally controlled by everyone that can at no time can be neglected. Within this thought, there is a greater worldwide law which oversees all humankind, and its predominant and incontrovertible ideologies must be replicated in lawmaking, precisely constitutional law.

2. Critical legal studies-

The study states that upholding laws are gratuitous and any legal dispute must be solved through arbitration or negotiation. This school criticizes the law.

The judge’s judgment stays as the most crucial part. If the judge thinks that X is the decision, then X it is. This school of thought does disassemble of the framework of tiered regulations and switch them with common ideas of fundamental equality and ecological and societal fairness. For example- females frequently face struggle lawfully evidencing the assault they have been through because assault laws have mostly been transcribed by a man’s viewpoint. Consequently, by the critical legal studies school of thought, a judge should oversee those rules and routine their personal decision-making powers to know whether an assault happened.

3. Command School-

Considers that law is a set of rules established, communicated and executed by the dominant party. Theorists of this school consider intrusion of executives is required in making laws. They feel that by intercession of the government they can better comprehend benefits of the law as executives are implementing the law. For illustration, Police should make the criminal law. In this interpretation, the law isn’t prejudiced by societal factors, but by the requirements of the key reigning party. Personally, this school is not applicable to today’s society as, societies are heterogeneous and a ruling party might only work according to a major social group. Like in the UAE, we have a lot of nationalities living together, if the Islamic law of the country prevents other nationalities from working in this country, then it will be difficult for the people as well as the economy.

4. Historical school-

Law should be based on societal traditions and customs. It says and motivates us to do the same thing our forefathers did. Law fluctuates according to the civilization’s fluctuating traditions. This thought is bizarre for today’s world as societies keep changing every now and then. Traditions and customs keep having slight variations, thus making it challenging to keep our ancestral practices still in practice. Makes no sense to still send pigeons as messengers in the time of WhatsApp.

5. Economics school

Believes that encouraging market efficiency should be the chief concern of legal decision-making. An effective, fruitful, and rich civilization is founded on guidelines planned to encourage those effects. For example, If a country follows this school, they promote more of business-related fields for the betterment of the market.

6. Sociological School -

The final objective of society says that law must be grounded on sociological aims. The law should support attaining the objective of the society.

An extension of lawful practicality is the sociological school of thought which supports the usage of regulation as a means of reallocating prosperity or else endorsing societal impartiality. Example- A housing or employment law established to ban discrimination based upon race, sex, nationality, or faith.

People who prefer this school, manners plus modern public standards take important aspects to know what decision law should take. The theory is completely different than the Analytical School. Supporters who follow the sociological school try to modify the rules by analyzing one’s manner and determining current civic ethics. This school is the most preferable in today’s world as the world is lacking of its social touch, people are more selfish and the morals and values of a person are bare to be seen. Thus this school can bring back to track the feeling of humanity in humans. And the world will be a better mankind place to be in.

7. Analytical School-

This school is based completely on logic or sensibility. It is the most powerful school It began in the nineteenth era. It is optimistic in its method. The objectives of the school are as follows- clear and orderly explanation of the lawful concepts, take precise plus close understanding of the fundamental working ideas of every lawful perceptive. Gives importance on lawmaking as the foundation of law. The entire structure is lawfully organized.

Conclusion

Each school has its own mindset and theory, from ethics, and history to analysis. It is quite challenging to choose one school only that suits today’s society. Yet, I feel that sociological school is the best suitable for the current society as it focuses on the individuals and the society. As people of the world keep changing from generation to generation, you can completely say that people now are more concerned about themselves than anything else. For such a self-focusing society this school is the best option. It focuses on actual society's morals and values. The law should be as such which promotes the happiness of its citizens as well. It should accomplish the people’s needs and wishes. If people are happy that their needs are taken care of, they would practice rules and regulations made by law favorably.