Jurisprudence Essay

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‘Jurisprudence’ means theory of laws. ‘Juries’ means law, ‘prudence’ means knowledge. “The law in essence is a concrete realization of philosophy” Jurisprudence most famously means the entire doctrine of law. It stems from the word ‘jurisprudentia’, which means ‘The Knowledge of Law’.

The Ancient Jurisprudence in India was a further development to feudalism which was an important trend in the 20th Century the Sociological Jurisprudence studies the legal system as a part of the social reality. The law cannot be studied without knowing its Historical and Social background. A law results certain social or economic relationship. And this relationship is created by the productive forces that were prevailing in a given society. Law thus consists …show more content…

According to him, law was not a consciously created phenomenon but was the gradual distillation of the ‘Volksgeist’ (the spirit of the people). Law was found, not made. So, the Historical School strongly believed in the practise of customs and their legal authority over that of legislation. So as situations arose necessitating law and rules, law also developed and so did social practices along with it. This was strengthened by the writings of legal scholars and luminaries, which must be based on the legal principles and customary rules in …show more content…

These theories came into the picture with the Colonial rule of the British.
Today, we find Indian society finds itself governed by a codified set of laws heading the list of which is the Constitution of India. Law, as a tool of social engineering has transformed the boundaries of India thus bringing it on the par with the norms of other countries. Prof. Upendra Baxi emphasised the need and significance of incorporating the study of social sciences especially Sociology in the context of Indian law. The Sociological school of Jurisprudence has is able to correlate the conformity of human actions and human behaviour to how law has been crafted to suit the way the society wills it to be. The inter-link between law and society is what constitutes their mutual development.
The view that law unifies various social groups and leads to cohesion of the Indian society has been propagated by many academicians. It beings homogeneity in a heterogeneous environment with people who all belong to different societies and

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