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
- Analytical
- Historical
- Ethical
- philosophical
I. Analytical Jurisprudence:
Analytical jurisprudence analyzes 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 to Analytical School
The real founder of analytical jurisprudence was Jeremy Bentham. Later on, Austin took over the analytical method. Jeremy Bentham and John Austin are both known as the founders of analytical jurisprudence, but the real founder was Jeremy Bentham.
Scope of Analytical Jurisprudence
The scope of analytical jurisprudence is as follows:
- Analysis of the 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.
- Investigating 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.
Historical Jurisprudence
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.
- It deals with the origin and development of those legal conceptions and principles.
- It deals with showing the conditions that gave rise to the legal conceptions, tracing their spread and development, and pointing out those conditions and influences that modified 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 historical jurisprudence as a movement for fact against fancy.