School of Jurisprudence: Philosophical School

#Jurisprudence is often known as study and analysis of Law. It analyzes the reason behind origin of law. There are five types of schools of Jurisprudence. In this session, we are going to to understand the Philosophical School of Jurisprudence. This school is also known as Natural Law School.

The belief carried by this school is:

  • Law is based on a "Reason".

  • Any law against reason is "Invalid".

Philosophical School tries to explore the reasons for which a particular law has been established. According to this school, Legal Philosophy must be based on ethical values because of which human may lead a simplified and legit life. This will ultimately enable a man to differentiate between good and bad. Article 13 is a good example of this. It says that laws inconsistent with or in derogation of fundamental rights shall be void.

Please check here detail analysis of Philosophical School of Jurisprudence:

Features of Philosophical School:

  1. It says that Law is a means to attain the ends of Justice. It is an instrument between Law and Justice and without it, aim of Justice cannot be achieved.

  2. It is concerned with the manner in which law fulfill its attainment of justice.

  3. It highlights the moral significance of legal conception.

Thinkers of Philosophical School:

  1. Hugo Grotius

  2. Thomas Hobbes & John Locke

  3. Immanuel Kant

  4. Hegel

1. Hugo Grotius:

According to Hugo, natural justice is the justice with truth. Natural Laws are the rules of human conduct emerged for some right reason. These rules are always supported by public.

2. Thomas Hobbes:

He discovered the social contractual hypothesis of legal positivism.

3. John Locke:

He contended that individuals have certain rights such as privilege to life, freedom and property. According to him, Social Contract takes place between government and people.

4. Immanuel Kant:

He viewed a society under the social contract as a society based on moral laws. He believed that when society is governed by these laws then people treat each other as equals.

5. Hegel:

He was the most influential thinker of Philosophical School. He contributed an idea of evolution.

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