School means group of the people who believe and support theory relating to law. In every school different views have been expressed about the term law. All these theories are subjected to Criticism.
These are seven kinds of schools specified in Jurisprudence which are as follows:-
- Analytical School
- Historical School
- Sociological School
- Philosophical School
- Realist School
- Comparative School
- Natural Law School.
Analytical School
According to this theory, the law is a command of the Sovereign. It is also called Austin’s Command theory or imperative theory. In other words, it is stated that law is the command of Political superior over political inferior supported by sanction. It is called a command because a handful of legislatures make law for all people of the country. Without their opinion. Political superior are elected by the member of parliament or assembly. Political inferior are general public. The sanction means Punishment or penalty.
- Criticism: There are many laws having no command such as Contract Act, Constitutional Law, Marriage Law, International Law.
Historical School
This School is supported by Savigny according to this author growth of Law is inconcious. Such as Height, Hairs, Manners, Languages. This school gave much importance to customs and it says that law is found and it is not made. In every society there was Law.
- Criticism: Custom is not main source of Law But in modern period Legislation is main source of law. Many laws found are out dated and it cannot be effective source of law.
Sociological School
This school is supported by Bentham. According to this school, the law is a social phenomenon. Law and Society are related and there are two sides to the same coin. Society gives birth to law and law cannot give birth to society. Therefore need or requirement of society is the law.
- Criticism: There is no participation of bark of society in law making process. Opinion of general public is not considered in making the law.
Philosophical School
This school says that law is nothing but the morality or ethics of the people. this school is supported by Gray. There are moral or ethical values among the people and because of that they have made rules to govern themself and it is the law.
- Criticism: There are many laws that are not based on morality. Such as Vicarious Liability, Security Laws. For the Security of the country and the people, morality cannot be considered in all the laws.
Realist School
This is school is supported by Justice Holmes. According to this school judgements given by courts is actual Law. Any law made by the legislative is raw material and finishing is given by the judiciary. Therefore this school gave importance to judgements of the courts.
- Criticism: Judges cannot be called as law makers and they have to interpret and enforce the law Powers of judges are limited and they can give remedy if there is law.
Comparative School
This is school is supported by Henry Maine.
According to this school, law developed out of the comparison between
the countries. Every country adopted the same rules from other country and made the law.
- Criticism: There cannot be a comparison between overdeveloped, Developed and developing countries. Local conditions and circumstances prevailing in the country are different and they cannot make law by comparison.
Natural Law School
This is school is supported by Aristotle and Plato who were Greek philosopher. According to this school, God has given intelligence and wisdom only to human being and they have made the Law by using it.
- Criticism: There are many laws that are contrary to intelligence for purpose of Security. The requirement or necessity of society is considered in law-making the process by neglecting intelligence. These are the schools specified in Jurisprudence that explain the term law.
