Schools of Jurisprudence
As we already discussed jurisprudence means knowledge of law and school means a collection of ideas that are based on the same fundamental principles.
A school of thought is a group of principals recognized as authoritative and supported by one or more scholars from a given subject. Law has been defined in numerous ways by scholars at the School of Jurisprudence. Many jurists have attempted to define the concept of law in clear aspects. We will discuss all concepts of law in following schools of Jurisprudence.
Schools of Jurisprudence
- Philosophical school or natural School
- Analytical School
- Historical school
- Sociological school
- Realist school
Philosophical school or Natural Law School
The natural Law School finds the sources of law to “God, nature, reason, intuition and recognition”. The exponents of natural law of philosophy conceive that it is a law which is inherent in the nature of men and is independent of convention, legislation or any other institutional devices.
Features of Natural Law
Natural law is everlasting and unchangeable, having existed since the beginning of time, eternal, and inflexible. Man does not create natural law; he simply discovers it. There is no external entity that enforces Natural Law. Natural law is not enacted through legislation; it is the result of the words of philosophers, prophets, saints, and others, and thus, in some ways, it is a higher form of law. There is no specific written code of Natural Law. Furthermore, there is no clear consequence for breaking its laws, nor is there any specific reward for following them. Natural Law has an eternal and unchangeable value. Natural law is also known as Divine law, the law of nature, the law of God, and so on. The command of God placed on men is referred to as divine law.
Evolution, Growth and Decline of Natural Law
The evolution and development of ‘Natural Law’ has gone through several stages, which can be generally examined under the following headings:
(1) Ancient Period
(2) Medieval Period
(3) Renaissance Period
(4) Modern period
Ancient Period
- Greek Philosopher Heraclitus (530 – 470 B.C.)
Around the fourth century B.C., Greek philosophers established the concept of Natural Law. Heraclitus was the first Greek philosopher to identify the three major characteristics of natural law, namely,
(1) Destiny, (2) Order and (3) reason.
He said that nature is not a random collection of things, but rather has a defined relationship between them as well as a particular order and rhythm of occurrences. He said, ‘reason’ is an important element of Natural Law.
- Socrates (470 – 399 B.C.)
Natural Physical Law. ‘Human Insight’ is the ability of a man to differentiate between good and wrong and understand moral ideals. This human ‘insight’ serves as the foundation for judging the law. Socrates did not question the Positive Law’s authority. According to him, it was the ‘insight’ that compelled him to obey it, and perhaps it was why he decided to eat poison in accordance to the law rather than escape the prison. He argued that Natural Law was essential for the country’s security and stability, which was one of the era’s greatest concerns.
- Plato (427 -347B
Plato pupil of Socrates keep up same story,” the laws of states are a pale shadow of an absolute idea of perfect laws against which man- made may be measured.”
- Aristotle (384 – 322 B.C.)
According to him, “man is a part of nature in two ways;
- Firstly , he is the part of the creatures of the God, and
- Secondly, he possesses insight and reason by which he can shape his will.”