Various Schools

of Jurisprudence
By Sanya Agrawal
Introduction

Jurisprudence is the study and philosophy of law, exploring its nature,

purpose, and principles

It provides a theoretical framework to analyze legal concepts and the

foundations of legal systems

Understanding these schools is essential for law students to develop a

well-rounded comprehension of legal theories and the evolution of legal
thought
Natural Law School

Definition:
• The natural law school posits that law is derived from inherent moral
principles and universal truths that are discoverable through reason
and conscience

Key Thinkers:
• Thomas Aquinas,
• Cicero, and
• John Locke
Core Principles

Law and Morality:

• Natural law aligns law with morality, suggesting that unjust laws are not true laws

Universality:

• Natural law is applicable to all human societies and transcends cultural and
temporal boundaries

Human Rights:

• It emphasizes the existence of fundamental human rights that precede and override
positive laws
Examples
Constitutionality of Laws
• Indian courts have often invoked
natural law principles to assess
the constitutionality of laws that
infringe upon fundamental rights,
such as the right to life and
personal liberty (Article 21) or the
right to equality (Article 14)
under the Indian Constitution
Protection of Human Rights
• The Indian judiciary has relied on
natural law principles to interpret
and protect human rights, such as
the right to privacy and the right
to live with dignity
Analytical Positivism

Definition: Key Thinkers:

• Analytical positivism believes • Jeremy Bentham,
that law is a social construct • John Austin, and
created by human • H.L.A. Hart
authorities, and its validity is
based on social acceptance
and formal enactment
Core Principles

Separation of Law and Morality:

• Analytical positivists separate law from morality, focusing on what the law is, rather than
what it ought to be

Legal Positivism:

• The theory rejects the existence of natural law principles and emphasizes the importance of
positive law

Rule of Recognition:

• Hart's "rule of recognition" establishes the criteria for identifying valid laws within a legal
system
 It is the ultimate source of legal validity within a legal system

Rule of It is the rule that rule-makers within the legal system

Recognition recognize as authoritative in determining what counts as law

Example:
Hierarchy of Courts – decision of
Constitution of India – supreme law
higher court binding on lower court
Examples
Legal Validity
• In India, the validity of laws
is determined by their
formal enactment and
adherence to the
constitutional framework
rather than their moral or
ethical considerations
Separation of Powers
• The concept of separation
of powers reflects the
analytical positivist
approach to law, which
distinguishes between the
roles of the legislature,
judiciary, and executive
Historical School

• The historical school views law as a product of

Definition historical, cultural, and social evolution, shaped
by the customs and traditions of a society

Key • Sir Henry Maine,

• Friedrich Karl von Savigny, and
Thinkers • Gustav Hugo
Core Principles
Organic Growth
• Law evolves organically over time and is deeply connected to the social and historical
context in which it develops

Custom and Tradition

• The historical school emphasizes the role of customs and traditions in shaping legal
systems

National Identity
• Legal systems are an expression of a nation's unique culture and identity
Examples
Customary Laws
• India's rich legal history includes the application of customary laws in
various regions, especially in personal matters such as marriage,
inheritance, and succession

Development of Personal Laws

• The codification and reform of personal laws in India, based on diverse
religious and social practices, reflect the influence of historical legal
traditions
Sociological School

Definition Key Thinkers

• The sociological school • Roscoe Pound,
focuses on the social • Eugen Ehrlich, and
impact and consequences • Max Weber
of law, emphasizing its role
in maintaining social order
and promoting welfare
Core Principles
Social Engineering
• Law is a tool for social engineering, and its effectiveness is measured by its ability
to solve social problems

Law in Action
• Sociological jurists study law in action, observing how legal rules are applied and
enforced in practice

Relationship between Law and Society

• The sociological school explores the reciprocal relationship between law and
society, each influencing the other
Examples

• Sociological jurisprudence has introduced land

reform legislation in India, aimed at addressing
Land Reforms issues of land distribution and ownership to
achieve social justice and reduce inequalities

• The development of environmental laws and

Environmental policies in India has been influenced by
sociological perspectives, focusing on sustainable
Protection development and the welfare of society
Realist School

Definition
• The realistic school contends that judicial decisions are primarily
influenced by the judge's subjective values and policy considerations
rather than abstract legal principles

Key Thinkers
• Jerome Frank,
• Karl Llewellyn, and
• Oliver Wendell Holmes Jr.
 Judicial Discretion
• Realists emphasize the role of judicial discretion
and the subjective element in judicial decision-
making
Core Principles
Law as Prediction
• They view law as a means of predicting the
outcome of legal disputes rather than a set of fixed
principles

Social Context
• Legal decisions are influenced by social and
economic factors and reflect the judge's personal
experiences
 • The application of judicial
discretion in sentencing and
Judicial decision-making is evident in
Indian courts, reflecting a
Discretion realistic approach to legal
interpretation and fact-finding
Examples

Public • The expansion of PIL in India,

where the courts can take up
Interest cases in the public interest,
exemplifies a realistic approach
Litigation to addressing societal issues and
(PIL) pursuing social justice
Feminist Jurisprudence
 Introduction
Feminist jurisprudence is a
legal theory and movement
that critically examines law
and legal systems through
the lens of gender
By analyzing how legal
principles, practices, and
It aims to identify and institutions impact women
challenge the ways in which and other marginalized
law perpetuates gender- genders, feminist
based discrimination and jurisprudence seeks to bring
inequality about social and legal
reforms for a more just and
equitable society
Key Concepts of Feminist Jurisprudence
Patriarchy
• Feminist jurisprudence recognizes
the existence of patriarchy as a
social system that privileges men
and subordinates women
• It examines how law and legal
norms perpetuate and reinforce
patriarchal structures
Intersectionality
• Feminist jurisprudence
acknowledges that gender
discrimination intersects with
other forms of oppression, such as
race, class, sexuality, and disability
• It emphasizes the importance of
considering these intersecting
identities when addressing legal
issues
Discrimination and Stereotyping
• Feminist jurisprudence critiques laws and legal practices that
perpetuate gender stereotypes and discriminate against women
• It advocates for the elimination of laws that treat women differently
based on traditional gender roles.

Violence Against Women

• This aspect of feminist jurisprudence focuses on addressing domestic
violence, sexual assault, and other forms of violence that
disproportionately affect women
• It seeks to improve legal responses to such crimes and ensure access to
justice for survivors
Reproductive Feminist jurisprudence advocates for women's reproductive
Rights rights, including access to contraception, safe abortion, and
reproductive health services
It challenges laws that restrict women's autonomy over
their bodies and reproductive choices.

Equal Rights Feminist jurisprudence seeks to achieve substantive

equality for women in all areas of life, including education,
employment, and family matters
It challenges legal barriers that hinder women's full
participation in society
 Women's Right to Vote: Feminist activism played a crucial role
in securing women's right to vote in many countries during the
20th century.

Domestic Violence Laws: Advocacy by feminist groups led to

Impact of the enactment of domestic violence laws that provide
Feminist protection and support to victims.

Jurisprudence Sexual Harassment Laws: Feminist jurisprudence contributed

to the recognition of sexual harassment as a legal issue and the
formulation of laws addressing workplace harassment.

Gender-Neutral Language: Feminist critiques of legal language

led to the adoption of gender-neutral language in many legal
documents and statutes
Medical
Jurisprudence
Introduction

Medical jurisprudence, also known as forensic medicine or legal medicine,

is the application of medical knowledge and expertise to legal matters

It involves the study and analysis of medical evidence and its implications
in legal cases

Medical jurisprudence plays a crucial role in criminal investigations, civil

litigation, and administrative inquiries
Key Aspects of Medical Jurisprudence
Autopsy and Post-Mortem Examinations: Medical jurisprudence involves the
performance of autopsies and post-mortem examinations to determine the
cause of death in cases of suspicious or unnatural deaths.

Expert Testimony: Medical experts provide testimony in court regarding

medical findings, injuries, or medical conditions relevant to the case.

Identification of Human Remains: Medical jurisprudence helps identify human

remains in cases of accidents, disasters, or criminal investigations
Medical Evidence Collection: Medical experts collect and
preserve medical evidence, such as blood samples, DNA, and
bodily fluids, for use in legal proceedings.

Medical Ethics and Legal Obligations: Medical jurisprudence

addresses ethical dilemmas faced by medical professionals, such
as confidentiality, informed consent, and reporting obligations in
cases of abuse or violence.
Mental Health Assessments: Medical experts conduct mental
health assessments to determine a person's mental capacity or
sanity in criminal cases
Impact of Medical Jurisprudence

Determining Liability: In civil cases,

Solving Crimes: Medical evidence,
medical jurisprudence assists in
such as DNA analysis and autopsies,
determining liability and quantifying
helps solve crimes and identify
damages in cases of personal injury or
perpetrators
medical malpractice

Mental Health Proceedings: Medical Medical Ethics: Medical jurisprudence

assessments of mental health highlights ethical considerations for
contribute to decisions in matters of medical professionals in legal matters,
competence, guardianship, and ensuring adherence to professional
criminal responsibility standards
Introduction to
IPR
Definition and Meaning

Intellectual Property refers to creations of the mind,

such as inventions, literary and artistic works, designs,
symbols, names, and images used in commerce

IP is protected through various legal mechanisms,

granting exclusive rights to creators and owners for a
limited period
Importance and Objectives

Intellectual Property encourages innovation and creativity by providing incentives

for creators to invest time and resources in developing new ideas and products

It fosters economic growth, job creation, and technological advancements,

driving progress in various industries

Objectives: The primary objectives of IP laws are to promote innovation, protect

the rights of creators, encourage economic development, and strike a balance
between public interest and private rights
Types of Intellectual Property in India

Copyright Trademark Patent

Geographical
Design Trade Secrets
Indications
Copyright
Copyright protects original works of authorship, such as literary, artistic, musical, sound recordings,
cinematographic films, and dramatic works, as well as computer programs and databases

Copyright registration is not mandatory, but it provides additional benefits in enforcement

Copyright protects original literary, artistic, and musical works, sound recordings, and
cinematographic films

It grants exclusive rights to reproduce, publish, perform, and adapt the work
Copyright owners have exclusive rights to reproduce,
communicate to the public, adapt, and translate their work
Copyright protection lasts for the lifetime of the author plus 60
years
In the case of cinematographic films and sound recordings, the
protection extends for 60 years from the date of publication
Copyright infringement occurs when someone uses the
copyrighted work without permission
Remedies for infringement include injunctions, damages, and
account of profits
Trademark Law

Trademarks are signs that They can be in the form of

distinguish goods and words, logos, symbols,
services of one enterprise colors, or a combination
from those of others thereof

Trademarks help consumers They prevent consumer

identify the origin and confusion and protect the
quality of goods and reputation and goodwill of
services. businesses
Trademark registration is voluntary but provides legal benefits, including
nationwide protection
The Trademarks Act, 1999, governs the registration and protection of
trademarks in India
Trademarks can be refused registration if they are deceptive, descriptive,
lack distinctiveness, or violate existing trademark rights
Trademark infringement occurs when a similar or identical mark is used
without authorization, leading to confusion among consumers
Defenses against infringement include fair use, comparative advertising, and
prior use
Well-known trademarks enjoy additional protection even in unrelated goods
or services to prevent dilution and tarnishment
 Patent Law
Patents protect inventions that are new, non-obvious, and have industrial
applicability

Patent rights grant the inventor a monopoly over the invention for a limited
period

In India, patents are granted for products, processes, and methods that are novel,
inventive, and industrially applicable
• A patent must be novel, meaning it should not have been published or publicly disclosed before
filing
• It must involve an inventive step, i.e., it should not be obvious to someone skilled in the field
• The invention must have industrial applicability, meaning it can be used or produced in any industry
The patent application process involves filing a patent application with the Indian Patent Office

The application undergoes examination to determine its patentability

Patent holders have the exclusive right to make, use, sell, and import the patented invention for a
limited period

Patent infringement occurs when someone uses the patented invention without permission

Patent holders can enforce their rights through legal action, seeking injunctions and damages
Design
Design registration
Designs protect the safeguards against Design registration
aesthetic or ornamental unauthorized copying grants exclusive rights
aspects of a product or imitation of the for a limited period
design

For design registration, Design protection in

the design must be India lasts for ten years
new, original, and not from the date of
previously published registration
 GI identifies goods as originating from a
specific geographical location, possessing
certain qualities, characteristics, or
reputation due to that origin
Geographical GI registration protects against unauthorized
use and prevents misrepresentation of
Indications origin
(GI)
Geographical Indications are distinct from
trademarks, as they indicate the
geographical origin of goods rather than a
specific brand
 Trade secrets protect confidential and valuable business
information, such as formulas, processes, and techniques

Trade secrets are protected through confidentiality

agreements and other contractual measures from public
disclosure

Trade Trade secrets protect confidential business information

that provides a competitive advantage
Secrets Businesses must take measures to protect trade secrets,
such as using non-disclosure agreements with employees
and business partners
In case of misappropriation, trade secret holders can seek
legal remedies
Information Technology Law
General Information

Information Technology is the use of computers, telecommunications, and digital

technologies to process and transmit data

IT Act highlighted the various legal challenges posed by information technology, including
cybersecurity, data privacy, e-commerce regulations, and intellectual property issues

The Act overviews different types of cybercrimes, including hacking, phishing, cyberstalking,
and online fraud.

It discusses legal measures for ensuring cybersecurity, including incident reporting and
response mechanisms