Montesquieu was a French philosopher and paved the way for the sociological school of jurisprudence. He believed that the social situation of society influenced the legal process in one way or another. He also recognized the importance of history as a means of understanding the composition of society and clarified the importance of studying social history before formulating laws for that particular society. Law is the subject of case law, the latter dealing with the study of law. Austin found it necessary to define the law in order to establish the field of jurisprudence. The history of the concept of law reveals that case law has different meanings at different times. Therefore, it is difficult to attempt a singular definition of the term. John Austin, the father of the Analytical School of Jurisprudence, limited the scope of jurisprudence and prescribed its limits. According to Austin, analysis is the most important study technique in law. He relied on Bentham`s jurisprudence and did not care about extra-statutory norms. Austin distinguished science from legislation and law from morality. Austin divided case law into general jurisprudence and special jurisprudence. In Austin`s view, the evaluation of positive law should be carried out by applying logic to law without regard to law, and he pointed out that it was difficult to understand the universal components of law by the effect of logic.
The Austin approach applies to a unified political system based on parliamentary sovereignty. It is not relevant to legal systems like in India and the United States. Law schools have defined law in various aspects. Many jurists have tried to define the concept of law in clear aspects. The concept of law will be discussed in detail in the following law schools. They are as follows: Kelson`s theory focuses on the concept of norms. For Kelson, understanding a hierarchy of norms is jurisprudence. A norm is only a hypothetical preposition. Jurists like Friedman criticize his idea of norms because the concept of the fundamental norm is vague.
A fundamental standard derives its effectiveness from its minimum effectiveness. Kelson does not provide criteria for measuring minimum effectiveness. The sociological method of jurisprudence that resulted from the political change in the doctrine of laissez-faire, the industrial and technological revolution, and finally the centered historical school. The link between law and the welfare state of the modern century sought to study law as a search for the social source of law and legal institutions, to examine law as a specific social phenomenon, and, finally, to judge law in terms of its social utility. [13] Jeremy Bentham is considered the father of the analytical school of law. Bentham rejected natural law and stated the principle of utility with scientific precision. He divided jurisprudence into censorship and exposure. The former treats the law as it is, while the latter treats the law as it should be. Bentham`s analysis of censorship jurisprudence is indicative of the reality that the effect of natural law had not completely disappeared. That is why he talked about utility as the dominant rule. Bentham believes that law is a product of state and sovereignty. According to Bentham`s conception of law, the law is an imperative, for which he used the term “mandate”.
A law can be defined as a union of sins that explains a violation conceived or assumed by the sovereign in a state with respect to the conduct observed in a particular case by a particular person or group of persons who is or is supposed to be subject to his power in that case. [8] According to Bodenheimer, Scandinavian realism differs from the American realist school in two main aspects, namely (1) it is more speculative in its approach to legal problems, and (2) it does not pay as much attention to the psychological behavior of judges as it does to American realists. However, both adopt an empiricist attitude towards law and life and give more weight to the social impact of law by emphasizing judicial decisions. For Julius Stone, the realist movement is a gloss on the sociological approach to jurisprudence. Sir Henry Maine is the founder of the English Historical School of Law. Savigny`s views on the historical school were continued in England by Sir Henry Maine. There is no room for a priori bias for which there is no scientific basis. Thus, Scandinavian realists reject all a priori notions of natural law, abstract ideas, and idealism of law, as they are all purely theoretical commandments with no practical use. Professor Ross supported Olivecrona`s assertion and also projected the idea that “law in all its forms is a social reality devoid of doctrinal notions such as morality, idealism, natural law, and the theoretical (metaphysical) concepts such as law, duty, sovereignty, etc., which formed the core of the analytical school of law in England.