Classification and definition of law

CLASSIFICATION OF DEFINITION OF LAW
PRIYANKA CHOUDHARY
ASSTT. PROFESSOR (SS) OF LAW,
UPES SCHOOL OF LAW

Legal Method and Legal Reasoning
BROAD CATEGORIES OF CLASSIFICATION
Natural School of Law
Historical School of Law
Sociological School
Positivist/ Analytical School
Realistic School of Law

REASONS FOR EMERGENCE
 It came as a reaction to the natural school of law
Natural school of law believes that the law is originated from some divine power. Historical
school of Jurisprudence focuses on the formation of law by people not by some divine
origin.
 It opposes the ideology of the analytical school of jurisprudence.
The subject matter of Analytical school of Jurisprudence is positive law. It focuses on the
origin of law the judges, state and legislators. Historical School laid emphasis on the
formation of law by people through customs and habits, not by the judges and superior
authority.

MAIN EXPONENTS
 Socrates
 Aristotle
 Plato
 Cicero
 Augustine
 Thomas Aquinas
 Hugo Grotius
 Thomas Hobbes
 John Locke
 Rousseau

DEFINITION
Law is the will of God/Supreme Power expressed in
his commands revealed to man through his reason.
Example:
Human Rights

MAIN EXPONENTS
 Savigny (Founder)
 Sir Henry Maine
 Montesquieu
 Vinogradoff
 Puchta
 Frederic Pollock

DEFINITION
Law is found in the society, it grows like language.
Example:
Customary Practices

SAVIGNY’S THEORY OF VOLKSGEIST
 Law has an unconscious natural growth , it is found not artificially made
 The foundation of law is to be found in Volksgeist which means people’s consciousness or
will, and consists of tradition , customs , habits , practices and beliefs of the people.
 Law is not universal in nature but like linguistic nature, it differs with people , time and
needs of the community.
 Since law should always conform to popular consciousness i.e. Volksgeist, custom not only
precedes legislation but is superior to it.

SOCIOLOGICAL/
FUNCTIONAL SCHOOL

 Laissez-Faire is the most important reason for the creation of the sociological school of
jurisprudence.
 It is due to the increasing importance of the practice of Laissez-Faire that this law rose to
existence.
 The Sociological school came out as a reaction against the laissez-faire because sociological
school advocates the balance between the welfare of the state and individual interest.
 The basis of the socio-legal school is formed by the ideas of pragmatism, which are expressed in
the functional and instrumental approach to the law.

MAIN EXPONENTS
 Rosco Pound
 Montesquieu
 August Comte
 Herbert Spencer
 Eugen Ehrlich
 Ihering
 Duguit

DEFINITION
 Law is an instrument of social engineering.
 Example:
Socio-economic Laws

FEATURES OF SOCIOLOGICAL SCHOOL
 The main concern of sociological jurists is to study the effect of law and society on each other.
 Considers law as a social phenomena and examines law in relation to society.
 This school takes a fundamental functional view of law; it is concerned not with social circumstances which call for
and condition the working of legal institutions.
 Treated law as an instrument of social progress.
 Sociological jurisprudence is a multifaceted approach to resolve immediate problems of society with tools which may
be legal or extra- legal and techniques which may promote harmony and balance of interests of society.”

ANALYTICAL/IMPERATIVE/
POSITIVIST SCHOOL

 The Analytical school was perhaps, the reaction against the Natural Law Theory, which
was based on morality and ethics.
 During the 19thcentury Natural Law Theory was no more considered to be significant.
 It was Sir Henry Maine who coined this School as Analytical School.

MAIN EXPONENTS
 Bentham
 Austin
 Holland
 Gray
 Salmond
 Kelson
 Hart.

LAW
LAWS PROPERLY
SO CALLED
LAWS SET BY
GOD TO MEN
LAWS SET BY
MEN TO MEN
SET BY MEN TO MEN AS
POLITICAL SUPERIOR OR
IN PURSUANCE OF A
RIGHT CONFERRED IN
SUCH SUPERIOR
[POSITIVE LAW]
LAWS SET BY
MEN NOT AS
POLITICAL
SUPERIOR
[POSITIVE
MORALITY]
LAWS
IMPROPERLY SO
CALLED
LAWS BY
ANALOGY
LAWS BY
METAPHOR

FEATURES OF ANALYTICAL SCHOOL
 This school studies law in relation to the state. It considers that law originates from the state and is treated as
an imperative or command.
 This school considers law in its present form, as it exists today. It is not concerned with the evolution of law. It
has nothing to do with what it was and ought to be.
 Due to different causes, Analytical school is known by different names like Austinian school as its approach
has been developed by Austin, positive school as its exponents are concerned with the present form of law not
as it was and as it ought to be, Imperative school as it treats law as a command by a sovereign.
 Analytical school favors codification of law which means the systematic arrangement of statutes, the body of
law to avoid inconsistency and overlapping.
 It Considers law as an objective, not morals, it means law should be an interpretation not based on any
personal feeling or emotions.

 It was established as a reaction again the sociological jurists who were emphasizing
the social effect of law.
 It was established to ignore the theory of interest as given by the Ihering and the
theory of Social Engineering as advocated by Pound.
 It was established to point out the importance of Courts and the importance of judges-
the human factor is the judges and the lawyers

MAIN EXPONENTS
 JOHN GRAY
 OLIVER WINDELL HOMESS
 JEROME N. FRANK

DEFINITION
Law is what the courts declare to be the Law.
Example:
Judicial Legislation

 In actual sense, there is no realistic school. It is known as ‘realism’ that is actually a movement which
consists of thought and works in law.
 Realism means a conceptual thesis on law in chunks and as a means of some social ends. It is implied in
a particular society where changes are seen faster than the law.
 Law has originated from a judge, therefore, the law is what the court does and not what they say.
 Judges are the lawmakers.
 It concentrates on scientific observation of law and studies law in its actual working which is prescribed
in court.
FEATURES OF REALIST SCHOOL

Classification and definition of law

More Related Content

What's hot (20)

Similar to Classification and definition of law (20)

Recently uploaded (20)

Classification and definition of law