SANJAY - THE INSTITUTE OF HUMANITIES
9990291091
Class - Xlth
Subject - Legal Studies
Notes- Jurisprudence
Introduction
Justitia, the Roman goddess of justice, is often depicted wearing a blindfold and holding a
sword and scales. Representations of Lady Justice in Western traditions also show her in
flowing robes, symbolising fair and impartial administration of law. Law and the legal system
are crucial for any civilization, ensuring orderly social life and the very existence of mankind.
Therefore, understanding the meaning of law is essential.
● Law can be described as a system of rules and regulations recognized as binding by
a country or society, enforceable by authorities, and whose violation attracts punitive
action.
● These laws are typically found in constitutions, legislations, and judicial decisions.
● Jurists and legal scholars have different views on defining law, often considering it a
reflection of divine reason or a divinely ordered rule.
● This has led to various schools of law, each with its own concept of law.
Historical Perspective
● Plato and Aristotle, ancient philosophers, had different approaches towards law.
Plato, concerned with eternal forms, symbolized an idealistic approach, while
Aristotle focused on the temporal and mutable world, representing a practical
approach.
The Case of the Speluncean Explorers
● The Case of the Speluncean Explorers is a made-up scenario by Lon Fuller, showing
different legal viewpoints on a group of cave explorers who, when faced with
starvation, opt to kill and eat one of their members.
● It questions whether the survivors should be accused of murder.
● Five cave explorers, including Roger Whetmore, are stuck in a cave due to a
landslide with scarce food supplies and no means of getting more food.
● Rescuing them was tough, time-consuming, and expensive because of the cave's
remote location. Ten workers died during the rescue efforts.
● After 20 days, they establish radio contact with the rescue team, learning that it
would take another 10 days to free them.
● Medical experts inform them that they probably won't survive another ten days
without food.
● Considering their dire situation, they ask the doctors if they could survive if they ate
one of their own, to which the doctors reluctantly agree.
● Although no one in the rescue team agreed to a lottery to decide who to eat, they
eventually hold one after turning off the radio.
● Initially hesitant, the explorers agree to use this drastic measure after discussions
and hearing the radio transmissions.
● Roger Whetmore suggests using dice to decide, but he backs out before rolling,
causing turmoil among the group.
● Despite being given a chance to object, Whetmore remains silent, and the dice roll
condemns him to death and consumption by the others.
Opinion of Chief Justice Truepenny
Verdict: Guilty
● Chief Justice Truepenny believes that in this special case, the actions of the jury and
trial judge were not just fair and wise, but the only correct ones under the law.
● He thinks the law is clear and must be followed by the courts. Public opinion should
not influence legal decisions.
● Mercy should be left to the executive branch, not the judiciary.
● Truepenny suggests seeking clemency from the Chief Executive to balance justice
and the law.
Opinion of Justice Foster
Verdict: Innocent
● Justice Foster argues that the explorers were outside normal society and subject to
natural laws, not man-made ones.
● He suggests a purpose-driven interpretation of the law, emphasizing that the goal of
criminal law is deterrence.
● Punishing the explorers wouldn't deter future offenders. He believes judges have
some flexibility in interpreting laws, especially in unusual cases.
● Foster concludes the conviction should be overturned.
Opinion of Justice Tatting
Verdict: Uncertain; Recuses
● Justice Tatting struggles to decide due to conflicting emotions and legal arguments.
● He questions the application of natural law and the difficulty in justifying the explorers'
actions.
● Tatting ultimately withdraws from the case, unable to reach a conclusion.
Opinion of Justice Keen
Verdict: Guilty
● Justice Keen separates legal and moral aspects, stating that the court's role is not to
decide on executive clemency or morality.
● He criticizes emotional influences on judgments and emphasizes the importance of
upholding the law. Keen affirms the guilty verdict.
Opinion of Justice Handy
Verdict: Innocent
● Justice Handy advocates for a common-sense approach, considering public opinion
and practical wisdom.
● He believes judges should align with the majority sentiment to maintain public trust.
● Handy argues for the innocence of the defendants to uphold harmony between the
judiciary and the public.
Verdict by the Court
● The Supreme Court, evenly split, upheld the conviction. The trial judge and jury
members request the Chief Executive to commute the death penalty to six months'
imprisonment for the surviving explorers.
Schools of Law
The major schools of law include:
Natural Law School
● Natural law is like the law of nature or divine law, which is eternal and universal. It
has been interpreted differently over time, associated with theology and secular
purposes.
● Independence from Human Will: Natural law is believed to exist independently of
human decisions. It is considered natural because it is not created by humans but is
discovered in nature.
● Central Idea: Natural law theory suggests a higher moral law by which human laws'
morality and legality are judged.
● Connection between Law and Morality: Natural law asserts a vital link between law
and morality, indicating that immoral legislation is not truly law.
● Rejection and Revival: Natural law principles were rejected by some 19th-century
jurists due to vagueness. However, changing societal conditions led to a modified
revival of natural law theory in the 20th century.
Rule of Law and Principles of Natural Justice
● Implies that the law is supreme, ensuring equality and non-arbitrariness. It dictates
that everyone, including those in power, must abide by the law.
● Principles of Natural Justice: These are basic standards that administrative bodies
must adhere to in decisions with civil consequences. They are rooted in the Indian
Constitution and include principles like no bias and fair hearing.
Analytical School
● This school aims to create a valid system of law by analyzing legal concepts
scientifically.
● It is also known as the positive or imperative school of jurisprudence.
● Founders like Jeremy Bentham and John Austin rejected natural law as vague and
abstract.
● Positivism emphasizes the separation of law and morality.
● According to this school, law is man-made or enacted by the legislature.
● John Austin defined law as the command of the sovereign, enforced by threat of
punishment.
● He distinguished law from morality and emphasized the importance of obedience to
laws.
● Analytical school's focus on law as a command was criticized by later jurists for
neglecting morality and custom as legal sources.
Historical School
● Historical School History is seen as the basis of knowledge in today's time.
Supporters of this school believe that laws arise from the interactions within a
community and its circumstances.
● The historical school asserts that laws should be in harmony with the local society's
needs and sentiments. Initially a response to natural law and positivism, it evolved to
highlight the emotional, racial, and developmental aspects of law.
● According to Friedman, a prominent legal expert, Savigny's historical school of
jurisprudence emphasizes the following points:
○ Law should mirror the collective spirit and customs of the people.
○ Law is unique to each society, akin to a language.
○ Law is dynamic, evolving alongside society's progress.
○ Law isn't imposed by a political authority but emerges from the populace.
● Sir Henry James Sumner Maine (August 15, 1822 - February 3, 1888), a British legal
scholar, is a key figure in the British Historical School of Jurisprudence. He pioneered
the study of comparative law, primitive law, and anthropological jurisprudence.
● Despite its merits, the historical approach faces criticism due to its vague, parochial,
and unscientific interpretation of law.
Sociological School
● Law is viewed as a social phenomenon, balancing societal interests.
● Exponents: Roscoe Pound, Duguit, Ihering, Ehrlich.
● Belief: Law exists for societal needs and serves as a tool for social change.
● Key Idea: Law is designed to serve social purposes and balance conflicting interests.
Realist School
● Emphasizes judge-made laws over traditional rules and concepts.
● Exponents: Jerome Frank, OW Holmes, Alf Ross.
● Belief: Law is dynamic and influenced by judges' social, economic, and psychological
backgrounds.
● Key Idea: The real law is what judges decide in courts, and law evolves with society.
Function and Purpose of Law
Law serves several crucial functions in society:
● Deliver Justice: Ensuring fair treatment and resolution of disputes.
● Provide Equality and Uniformity: Ensuring all individuals are treated equally under the
law.
● Maintain Impartiality: Ensuring unbiased administration of justice.
● Maintain Law and Order: Preventing chaos and ensuring societal stability.
● Maintain Social Control: Regulating behavior to conform to societal norms.
● Resolve Conflicts: Providing mechanisms for peaceful dispute resolution.
● Bring Orderly Change: Facilitating social reforms and orderly changes in society.
