I was studying Jurisprudence for my exam, and it's actually so interesting.
I mean I keep everything that I have to study for exams, but I do understand the concepts
The language I write in may not construct a guidelike answer, but atleast it makes me happy to know that I know the concept and the clarity regarding the concepts.
But anyways, back here
Jurisprudence is actually so much interesting.
So many theories, so many schools, felt like a pain in the ass while covering up the syllabus
But it's all genuinely so interesting.
Natural law school believes in divine law
Socrates, Plato, Aristotle were Greek philosophers who contributed to this theory
Socrates defined virtue, Plato introduced Doctrine of forms, Aristotle added more specifics to doctrine of forms while agreeing and disagreeing to some of the specifications made by Plato.
Analytical law school studies what is law and not what law ought to be
So many philosophers/jurists in this theory with their own different aspects.
John Austin : Gave the theory that : Laws are commands of the sovereign backed by sanction.
Jeremy Bentham : Utilitarian theory
H.L.A. Hart : Divided law into Primary and secondary rules
Hans Kelsen : pure theory of law, fun fact : Kelsen was also known as doubly pure because of his theory.
Historical school studies origin and development of law throughout the history.
Important Jurists : Savigny, Henry Maine
Sociological school studies sociological impact of law on society and how it affects a common individual.
Realist school.
Now this one.
It caught my attention because of how it's theory is.
One Scandinavian jurist talks about how Law is nothing but a psychological pressure created through times immemorial.
One such example is that when a classmate tells me that there's an exam tomorrow. It won't be taken as seriously as when the same information comes through the official notification of college.
Official notification in this context is one such example of psychological pressure in action.
It is rooted in the subconscious through history. This pressure created through history created a subconscious pressure to take official notifications, statutes, an authoritative body seriously, and to follow such laws or directions imposed by them.
Now, do you understand how crazy this is?
I mean it's really simple but it was something I never thought of.
We can connect this theory of psychological pressure to a lot of things. I'm a lot sleep deprived at the very moment, but if something comes to my mind, I'll write it down.
Because it's a topic that interests me, and it's so fun to think about it in regards to what more can it be?
One more Jurist tells us within this school, that The right you talk about exists only in metaphysical sense.
But if supposedly, I go to practice my right in court, I'll have to follow court's obligations.
But what if I don't follow court's obligations/ what If I couldn't follow it? Does that mean that I don't have a right?
And even after a case being heard by a judge, what if the ruling is not in our favor, does that mean we don't have rights?
Therefore as an example, Right can be considered as a metaphysical concept, for in that it never really exists in actuality.
This school focuses more on how law operates in the real world.
It also focuses on points such as, Judges are also humans and being a human, they can have bias, may it be conscious/subconscious
Therefore law studies how law is in real world and how it works and how is it applied and so on.
It concerns itself with reality of the law and world.
One example of Judges being humans and how it affects a law is that
Suppose a case arising dispute regarding abortion arises, and the judge is a Christian judge. In this case, the judge cannot give an order without some bias, as in Christianity abortion is not supported.
So my point was that Juris is really interesting, the theories are so complex and this question to define what law is and different ways to study it
Especially to study it since the ancient time, since the time of Socrates and still coming up with definitive meanings and theories and criticisms. I like it. It's complex I know, but it is that constant change and new way approach that keeps law changing, and accustoming new ways of thinking.
So yeah, loved it.
Cool theories.