Historical Jurisprudence gives the answers of the questions, origin of law, the development of law, evolution of law and philosophy of law. It constitutes the general portion of legal history. It deals with the general principles governing the origin and development of law as also the origin development of legal conceptions and principles found in the philosophy of law.
MAIN FUNCTION OF HISTORICAL JURISPRUDENCE
- Catalogue the development of law,
- Allotting to each phase its true position in the completed narrative.
- It indicates the processes of change, and is therefore descriptive.
- It is the function of historical jurisprudence to interpret these changes and to expose the forces which have brought them about.
The branch of jurisprudence gives analysis to basic principles of civil and their interpretation. The purpose of this branch of study is to analyse and dissect the law of the land as it exists today. This analysis as the principles of the law is done without reference to their historical origin or their ethical significance. Analytical jurisprudence it examines the relations of civil law with other forms of law, analysis the various constituent ideas of which the complex idea of the law is made up.
- The state, sovereignty and administration of justice.
- Investigates the theory of legislation. Judicial precedents and customary law.
- Inquires into the scientific arrangement of the law
- Deals with the conception of legal rights and legal liability,
- Examines such legal conceptions as property, possession, obligations contracts, trusts, personality, intention, motive, negligence, etc, which by the reason of their theorectical interest deserve special attention.
The branch of jurisprudence deals with basic principles of ethics and moral values.Ethical jurisprudence is a branch of legal philosophy which approaches the law from the viewpoint of its ethical significance and adequacy. It deals with the law as it ought to be an ideal state. This area of study brings together moral and legal philosophy. It is connected with the purpose of which the law exists and the manner in which such purpose is fulfilled. Salmond observes that ethical jurisprudence is the meeting point and common ground of moral and legal philosophy of ethics in jurisprudence. Ethical jurisprudence has for as its object the conception of justice, the relation between law and justice
OTHER KINDS OF JURISPRUDENCE
Following are the other kinds of jurisprudence
It deals with philosophy of law. sciences and of philosophy it digs into the historical past and attempts to create the symmetry of a garden out of the luxuriant chaos on conflicting legal systems.
Sociological jurisprudence :
Sociology is the study of men in society. A sociologist considers law as a social phenomenon. The object of sociological jurisprudence is to work upon jurisprudence with reference to the adjustment of relations of ordering of conduct which is involved in group life. A theme of this branch is to study living law in the same manner as a psychologist studies living issue.
The most important branch of legal sociology is penology, which studies the causes of crimes, behavior of criminal and effect of different theories of punishment. The only principle in penology is to find out why a man does wrong to make it not worth his while.