Schools of Jurisprudence: Classification and Core Focus
Exam Snapshot
Focus on the 'Primary Question' of each school. This is the highest-yield topic for Jurisprudence MCQs.
Core Concept
- Natural Law: Law must align with morality and justice. (Keywords: Morality, Objective Justice, Reason).
- Analytical (Positivist): 'Law as it is'. Law is a command backed by sanctions. (Keywords: Command, Sovereign, Rules).
- Historical: Law is a product of social evolution. (Keywords: Volksgeist (Spirit of the People), Custom).
- Sociological: Law is a tool for 'Social Engineering'. (Keywords: Balancing interests, Function).
- Realist: Law is what judges do, not what books say. (Keywords: Judicial process, Practice, Uncertainty).
| School | Primary Focus | Key Jurist |
|---|---|---|
| Natural | Morality | Aquinas |
| Analytical | Rules | Austin |
| Historical | Custom | Savigny |
| Sociological | Social Needs | Pound |
| Realist | Practice | Holmes |
Nepal Law Anchors
Jurisprudence schools underpin modern legal systems. For instance, the Nepalese legal system blends Positivist (Codified Law) with Natural Law (Fundamental Rights/Human Rights).
Confusable Terms
- Positivism vs. Natural Law: Positivists separate law from morality; Naturalists argue they are inseparable.
- Historical vs. Sociological: Historical looks at the past (tradition/custom); Sociological looks at present/future (social engineering).
MCQ Traps
- Do not confuse the methodology. Historical school relies on the spirit of the people (Volksgeist), not administrative engineering (Sociological school).
Quick Revision
- Natural: 'Ought' (Morality).
- Analytical: 'Is' (Sovereign Command).
- Historical: 'Custom' (Volksgeist).
- Sociological: 'Function' (Social Engineering).
- Realist: 'Practice' (Judicial Action).