Kinds of Jurisprudence
1. The Core Branches (By Time & Purpose)
- Analytical Jurisprudence ("Law as it is"): Studies existing, man-made law (Positive Law). It aims to answer: "What is law?"(Analytical Jurisprudence is a sociological method to analyze legal systems).
- Historical Jurisprudence ("Law as it was"): Studies the history and evolution of legal systems.
- Ethical or Censorial Jurisprudence ("Law as it ought to be"): Evaluates law against moral standards to determine what it should be.
2. Key Scholar Divisions
- John Austin (General vs. Particular):
- Sir John Salmond (Civil Jurisprudence):
Divided into three branches:
- 1. Systematic (Analytical)
- 2. Historical
- 3. Critical (Ethical)
3. Schools of Thought
- Positivists: Believe law and morality are separate. They study law as it is (Positive Law).
- Naturalists / Moralists: Believe law is inherently tied to morality. They study law as it ought to be (known as Censorial Jurisprudence).