Meta-Analysis Of Jurisprudential Frameworks - Integrating Analytical, Historical, And Philosophical Schools
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META-ANALYSIS OF JURISPRUDENTIAL FRAMEWORKS:
INTEGRATING ANALYTICAL, HISTORICAL, AND PHILOSOPHICAL SCHOOLS Shagnik Basu & Sneh Amar, BBA LLB, Symbiosis Law School, Hyderabad Introduction Legal systems analysis and comprehension depend heavily on the use of jurisprudential frameworks. The philosophy of law, or jurisprudence, has been studied for ages. To study and understand the law, academics and legal philosophers have created a variety of jurisprudential frameworks, each providing a distinct viewpoint. In addition to offering an organised method of understanding and implementing the law, these frameworks also influence legal theories, concepts, and procedures. This research attempts to combine analytical, historical, and philosophical schools of thinking with the contemporary world of Artificial Intelligence and Things of the Internet by doing a meta-analysis of several jurisprudential frameworks.
This integration will make it easier to comprehend in detail how various schools of thought's beliefs connect to contemporary technologies. The main objectives of the study are- • To know what a Philosophical School in Jurisprudence is. • To know in depth about the various Philosophical Schools. • To know in brief about the thinkers of the schools. • To know about their theories. • Try to relate the theories of the thinkers with modern word technology. • Try to understand how we can integrate their thinking in this world of Artificial intelligence.
The significance of this research paper is that it will help us to understand in detail the philosophical schools and the theories that various thinkers gave. This research paper will help us discover how we can relate the theories of various thinkers to this modern technological world. This research paper will help future researchers to research more efficiently on this topic. As we know, AI has kept on developing daily, every day, there has been significant development and advancement of technology and the internet. Thousands of things add up to the internet daily. There is almost a new addition every day in the AI tools that make our work easy and time saving. Therefore, this advancement and development in future will open up more scope to relate the theories of the thinkers of the 18th and 19th centuries to modern AI. It is very important research for jurisprudence scholars.
Literature Review The Schools of Jurisprudence. Their Places in History and Their Present Alignment1”- This paper has detailed review about the schools of jurisprudence. It discusses the formation of the schools and the idea behind this formation. It discusses this by simply putting out an example to make the readers understand the idea behind the formation of schools. This paper talks about the schools of jurisprudence, it’s importance, it’s ideas, it’s objectives etc. This paper also tells us about the cycle of Jurisprudence. It also talks about how people used to think laws were made and how laws are actually made. It tells about the thinking of various researchers and jurists who gave different opinions on law formation.
Schools of Jurisprudence: A Critical Study2”- This is a very clear and direct paper which talks about the different thinkers and the theories for which they are put under that particular school of jurisprudence. According to this paper, jurisprudence is used to analyse legal concepts. It further aims to develop the fundamental ideas behind legislation. It assesses new regulations and creates the framework for them in addition to examining the laws that are currently codified. It is an outcome of the ideas of philosophers and jurists. They can examine, assess, and draw conclusions about the legal system. General jurisprudence can be categorised to provide the best answers to these problems. 1 Nathan Isaacs, The Schools of Jurisprudence . Their Places in History and Their Present Alignment Author ( s ): Nathan Isaacs Source : Harvard Law Review , Jan . , 1918 , Vol . 31 , No . 3 ( Jan .
, 1918 ), Pp . 373-411 Published by : The Harvard Law Review Association St, 31 in HARVARD LAW REVIEW 373 (1918). 2 Shankar Prasad S, Schools of Jurisprudence : A Critical Study, 6 J. EMERG. TECHNOL. INNOV. RES. 616 (2019).
Schools of Jurisprudence and their Relations to the Sources of Law3”- The explanation of jurists' ideas and perspectives on many legal topics, including legitimacy, ownership and possessions, right and wrong, medico-legal issues, ethics, and so on, is provided by jurisprudence. With the use of the pictorial technique, the paper discusses the relationships between schools, ideologies (differing perspectives on a given issue), sources of law (custom, legislation, precedents), and thinkers (Jeremy Bentham, Austin, etc. ). Theoretical Framework Jurisprudence and legal theory are not immune to the effect of the rapid technological advances that mark this time period. Conventional legal frameworks are undergoing significant change due to the development of Artificial Intelligence (AI) and broad Internet access.
This study seeks to elucidate the essential principles that underpin the connection between the Internet, artificial intelligence, and jurisprudence schools. Using the papers mentioned, we will first study the theoretical foundations of the jurisprudence schools. The paper will contain a detailed description of all the schools of jurisprudence. Later on we will try to relate the theories of different thinkers with today’s AI, Internet and Meta world. We will be reading various books and papers to learn about the schools, their thinkers, and various theories that the thinkers gave. We will also try to do a comparative analysis of the different approaches of the schools towards modern-world AI and the Internet.
We will read about the theories of various thinkers and try to relate them to AI and the Internet by giving various examples to form a clear relationship between schools and the meta world. We will be studying “Montesquieu”, a thinker from the Historical School of Jurisprudence, and try to apply his thinking to AI and the Internet. Research Methodology In this paper, the research method used is DOCTRINAL RESEARCH. The reason for choosing this research method is that Jurisprudence is a very subjective legal subject. It is full of theories and thinkers giving what they think regarding society, the world, and its thinking 3 Raj Kumar Yadav, Schools of Jurisprudence and Their Relations to the Sources of Law, SSRN ELECTRON. J. (2012). and practices. This is also one of the most commonly used forms of research method for making a paper on Jurisprudence.
The sources of this type of research are Statutes, Journals, Thinking of Thinkers, Judicial Opinions, Opinions of Jurists, etc. In our topic also, the sources for gathering information lie mostly in the opinions of jurists, the theories provided by the thinkers and statutes and rules that regulate us. Another reason for choosing this research method is the use of comprehensive understanding. While making this paper, we will rely on many literatures, research papers, documents and interaction with people. We will also use many databases to research papers and journals. The databases used while making this paper are “HeinOnline”, “EBC Reader” and “Jstor”. To put it briefly, the selected research methodology takes a complete and inclusive approach to examining modern jurisprudence.
It does this by utilising various techniques and viewpoints to produce thorough and contextual insights into the ideas and connecting them to computer technology and the internet. Analysis of Jurisprudential Concepts The study or philosophy of law is known as jurisprudence4. Many jurists and academics have attempted to provide a broad explanation of it to better comprehend the legislative process. The foundational principles of natural law, civil law, and the law of nations formed the basis of contemporary jurisprudence, which emerged in the eighteenth century. General jurisprudence may be categorised based on the issues that academics try to answer and the schools of thought that have produced ideas on the best approaches to address these problems5.
Modern legal rationality treats legal issues as social institutions linked to the greater political and social environment in which they are positioned, in addition to legal concerns and legitimate frameworks. There are five types of Jurisprudence Schools- 4 Patrick Toner, Self-Deception Author ( s ): Alfred R . Mele Published by : Oxford University Press on Behalf of the Scots Philosophical Association and the University of St . Andrews Stable URL : Https://Www. Jstor. Org/Stable/2219163, 56 PHILOS. Q. 550 (2006). 5Dias, op. cit. , p. 1; R. H. S. Tur, "Jurisprudence and Practice", JSPTL (New Series), 14 (1976), 38-47
1. “Sociological School”
2. “Historical School”
3. “Analytical School
4. “Philosophical School”
5. “Realist School
Sociological School” – This school sees the law as a social instrument and considers it a miracle. The study at this institution focuses on the interactions between law and society. According to this school of thinking, laws are the result of society's collective will. This approach was developed in response to a multitude of variables. The historical school, the philosophical movement, and the comparative analysis of legal systems all had different effects on the development of the technique. Thinkers like “Auguste Comte”, “Eugen Ehrlich”, “Roscoe Pound”, etc are supporters, or we can say they are the ones whose ideas match this school of jurisprudence. The name "sociology" was first used by one of the field's founders, “Auguste Comte”. Comte thought sociology could bring together all the disciplines and advance society.
According to positivist Comte, sociology must have a scientific, objective foundation. Comte proposed a three-stage theory for society's evolution. Theory of Opportunity: Who Should Attend School? Who Should Attend School? According to Comte's theory, the division of labour helps people realise their unique talents and skills and strengthens human solidarity by making each person aware of their interdependence6. Under the conditions of the current society, Ehrlich thought that laws naturally developed. In his opinion, the institutions of marriage, domestic life, possession, contract, inheritance, etc. , are the source of law. Living laws are used to control society.
6 Roscoe, The Scope and Purpose of Sociological Jurisprudence. I. Schools of Jurists and Methods of
Jurisprudence, 24 HARV. LAW REV. 591 (1911), https://about.jstor.org/terms (last visited Mar 10, 2024).
Historical School”- According to this school, law is an organic and unconscious growth issue. Consequently, rather than being created, law is found. According to this institution, the state is not the source of the law's existence and exists independently of it. There are many who argue that tradition supersedes legislation as the ultimate source of law. Law reform and artistic endeavours are discouraged at this school7. The Historical School was supposedly founded by Savigny. Volkgeist Theory is something he has advocated. The universal awareness of people, or Volkgeist, is the wellspring of law. Law, he claims, has a national identity and evolves like language. The people's lives produce law, which is an expression of their spirit. Notwithstanding certain objections, Savigny's legal theory marked the beginning of innovative jurisprudence.
His "theory of Volksgeist" placed a more notable emphasis on the relationship between law and society while translating jurisprudence to the extent that persons wished. Furthermore, this idea emerged as a rebellion against explanatory positivism and the natural law theory of the eighteenth century. Although the social settings in which the law is created are important, this school places little emphasis on the relationship between the state and the law. In contrast, the investigative school presupposes a well-established legal framework already exists. The legal evolution from the primitive legal structures of the old networks is the main emphasis of the historical school. The historical school's mission is to oversee the broad norms that govern the law's origins, development, and influence. “Edmund Burke” and “Sir Henry Maine” are two additional notable backers of this school.
Analytical School”- John Austin established the analytical school, sometimes known as the Austinian school. Due to its belief that the sovereign sets law, it is also known as an imperative school. Since the subject of the school is specific laws, Dias refers to this philosophy as "positivism. " It was in the nineteenth century that the analytical school acquired a striking character. He used a precise, positivistic, mainstream technique8. Austin really developed the positive law idea, while Bentham established the groundwork for it. For this reason, Bentham addressed utility as the supervising norm in his analysis of censorial jurisprudence, which shows how the influence of natural law had not completely disappeared. Bentham may not be widely regarded as the
7 JR. ROBERT E. RODES, ON THE HISTORICAL SCHOOL OF JURISPRUDENCE, 1 (2004).
8 Max A Shepard, An Analysis of Analytical Jurisprudence, 1 SOURCE J. POLIT. 371 (1939),
https://about. jstor. org/terms (last visited Mar 10, 2024). founder of the analytical school of thought for this reason. Regardless, he believes that state and sovereign create law. The term "command" alludes to Bentham's obligatory conception of law. Philosophical School”- This school is also known as Moral School. This organisation's main goal is to find the justification for creating a certain legal framework. Prominent legal scholars in this school include Grotius, Hegel, and Immanuel Kant. According to them, law's ultimate purpose is to honour and elevate the person, and law is fundamentally the product of human reason. Hegel, a philosopher at a school, seems to be the most convincing. He believed that both the state and the law were evolving.
After moving to Maine, he developed a thesis on the evolution of law and performed a comparative study of the legal systems in several communities. “Hugo Grotius” (1583-1645) was a renowned jurist in the Netherlands Republic who developed the foundations of universal law based on natural law. By stating that natural laws were infallible by nature, whether or not one believes in God, Grotius banished natural law from the domain of learned people and placed it within the purview of philosophers and lawyers. Realist School” An important development in legal thought that occurred in the early 20th century was the Realist School of Jurisprudence. By emphasising the useful application of law in everyday situations, this school of thought questions accepted ideas about law and legal theory. Law is “a good reason for a bad man,” according to legal realists.
This statement emphasises the concept that people care about the repercussions of their acts, especially those with evil intent. A major focus of Legal Realism is the analysis of judicial decision-making procedures. It aims to comprehend the process by which judges reach their decisions, taking into account elements other than the strict execution of the law9. A wide range of significant jurists who influenced the growth of Legal Realism are members of the Realist School of Jurisprudence. “John Grey” Grey had a significant role in forming the early tenets of the school and is frequently recognised as one of the pioneers of the Realist movement. Grey thought that the court was the most important source of law, not the legislative. He maintained that judges greatly aided the interpretation of legislation. His research paved the way for a more critical jurisprudential 9 J.
Apara, The Realist School of Jurisprudence, LAW (2019), https://lawbhoomi. com/the-realist-school-ofjurisprudence/ (last visited Mar 10, 2024). approach concentrating on non-logical factors—like judges' personalities and biases— influencing decision-making. Application of Theories- “Historical School of Jurisprudence” – “Montesquieu”, a renowned legal jurist, in his juristic career, came up with several legal developments in the juristic society, whereby he gave rise to many principles and concepts, which to date, are in use in society and have proved to be an excellent source of jurisprudence from its time. “Montesquieu” developed many concepts10; the most famous one was the Doctrine of separation of powers, which allowed any state’s government to have its powers divided into three separate entities: Legislative, Executive, and Judiciary.
This concept allowed the accumulation of the powers in fewer hands, such as a single entity, to control all government functions. In today’s society, Artificial intelligence is on its way to being a significant part of life for every person. It has, till now, affected every single person on this planet in some or the other way, on the one hand, being an assistive help, and on the other hand, taking away people’s food and shelter. If we relate Montesquieu’s separation of powers and the impact of Artificial Intelligence, it is necessary for the government to divide the authoritative power into different specialized bodies in order to restrict any government entity from having unseen authority over AI technologies. This separation of powers in other bodies can help eliminate risks and a fair operation of Artificial Intelligence.
“Philosophical School of Jurisprudence”- “The philosophical school of jurisprudence” mainly focuses on legal positivism, i. e. , promoting social harmony and maintaining social stability and order. With the introduction of artificial intelligence, there will be certain effects on the pre-existing legal frameworks of law, and social stability will be imbalanced. The other object of this school of law is to promote individual freedom, which includes the freedom and rights of people in a society. In context with new 10 F P Walton, The Historical School of Jurisprudence and Transplantations of Law, 9 SOURCE J. COMP. LEGIS. INT. LAW 183 (1927). technologies, there is a need for careful observation of how AI impacts people's rights, such as the right to privacy, freedom of speech, and expression. Rule of law and accountability are significant developments of this school.
The use of artificial intelligence in the decision-making process raises concerns about the need for transparency and accountability and ensuring that AI systems adhere to legal standards and ethical principles. Legal positivism embarks a need to modify the law as per the changes in the society. With the evolving technology and artificial intelligence, there is a need for the legislature to either amend the existing laws or to bring new laws to counter the prospective issues of these advancements. Another object of legal positivism is balancing the collective interest and individual rights of society.
The evolving technology and use of artificial intelligence in different sectors have achieved many benefits to organizations, but, for example, if AI is taken into use so much that it takes away the prospective job opportunities of people, then it would cause loss to the society and thus, is a potential threat; therefore, the use of AI should be granted in a limited scope, under prescribed limits and according to the lawful uses. “Analytical school of jurisprudence” – The “Analytical School” of Law especially emphasizes logical analysis and interpreting laws and legal concepts and provides a useful framework for understanding the implications of newage technology and AI. The Analytical School interprets and analyses the legal principles through logic-based analysis.
The pre-existing legal framework lacks the capacity to deal with the new age technology-based suits, and therefore, there is a need to interpret the existing laws in order for them to be applicable in the new technology age as well. Regulations for AI technology can be developed with the help of analytical jurisprudence. Legal scholars and policymakers may utilise logical analysis to detect any voids or discrepancies in current legislation and suggest novel policies to tackle concerns like data privacy, algorithmic prejudice, and accountability for the harm caused by artificial intelligence. With the increasing use of AI tools in decision-making processes, such as predictive analysis and automated contract review, the analytical school provides a framework for doing this by using legal principles, applying precedents and applying correct laws in order to reach a solution.
The Analytical school of jurisprudence focuses on Ethical and Moral considerations, i. e. separate law from morality, whereas the indulgence of AI raises moral questions that contradict legal analysis. The Analytical School of Law also serves due importance to the Adaptation of Legal Systems, whereby legal systems are required to adapt to the changing circumstances and be flexible to tackle the new age issues in conflict with the law in order to provide appropriate solutions for everyone. Contemporary Relevance “Artificial intelligence has a lot to contribute to the legal sector, but it also comes with a number of drawbacks and challenges. For instance, using AI systems requires a comprehensive evaluation of their accuracy and reliability. Ensuring transparency and addressing biases in AI systems are also essential.
AI application in the legal sector also requires changes to ethical standards and professional training. Legal professionals must understand and navigate the ethical concerns surrounding the use of artificial intelligence in order to maintain the integrity of the legal system. Artificial intelligence can be used in the legal sector in many ways. Some of the uses of AI in the legal field are: Automated Legal Research, Saving time and improving accuracy/ AI-driven data analysis/ Predictive analytics: Assisting lawyers in Case Assessment/ Intelligent contract creation: Simplifying workflows with AI/ etc11”. Conclusion Through this paper, we conclude that there is a relation between the school of jurisprudence and AI. In this paper, we discuss the different jurisprudential schools in detail. We discussed the Historical, Sociological, Analytical, Realist, and Philosophical Schools in detail.
We discussed various thinkers of the schools, their theories and what they say about the schools. We tried to relate the Historical, Philosophical and Analytical Schools of Jurisprudence with the modern world of AI and the Internet. The Analytical School interprets and analyses the legal principles through logic-based analysis. In the philosophical school of jurisprudence, we saw that the evolving technology and use of artificial intelligence in different sectors have achieved many benefits to organizations, but, for example, if AI is taken into use so much that 11 J. Shreya. (2020). The Evolution of Artificial Intelligence in Legal Cases: Unaveling the Future of Jurisprudence. India AI. https://indiaai. gov.
in/article/the-evolution-of-artificial-intelligence-in-legal-casesunaveling-the-future-of-jurisprudence it takes away the prospective job opportunities of people, then it would cause loss to the society. In the end, we can firmly establish the relationship between AI, the Internet and jurisprudence schools.
References
Nathan Isaacs, The Schools of Jurisprudence . Their Places in History and Their Present Alignment Author ( s ): Nathan Isaacs Source†̄: Harvard Law Review , Jan . , 1918 , Vol . 31 , No . 3 ( Jan . , 1918 ), Pp . 373-411 Published by†̄: The Harvard Law Review Association St , 31 in Harvard Law Review 373 (1918). Shankar Prasad S, Schools of Jurisprudence†̄: A Critical Study , 6 J. Emerg. Technol. Innov. Res. 616 (2019). Raj Kumar Yadav, Schools of Jurisprudence and Their Relations to the Sources of Law , SSRN Electron. J. (2012). Patrick Toner, Self-Deception Author ( s ): Alfred R . Mele Published by†̄: Oxford University Press on Behalf of the Scots Philosophical Association and the University of St . Andrews Stable URL†̄: Https://Www. Jstor. Org/Stable/2219163 , 56 Philos. Q. 550 (2006). Roscoe, The Scope and Purpose of Sociological Jurisprudence. I.
Schools of Jurists and Methods of Jurisprudence , 24 Harv. Law Rev. 591 (1911), https://about. jstor. org/terms (last visited Mar 10, 2024). JR. ROBERT E. RODES, ON THE HISTORICAL SCHOOL OF JURISPRUDENCE ,
1 (2004).
Max A Shepard, An Analysis of Analytical Jurisprudence , 1 Source J. Polit. 371 (1939), https://about.jstor.org/terms (last visited Mar 10, 2024). J. Apara, The Realist School of Jurisprudence , Law (2019), https://lawbhoomi.com/the-realist-school-of-jurisprudence/ (last visited Mar 10, 2024). F P Walton, The Historical School of Jurisprudence and Transplantations of Law , 9 Source J. Comp. Legis. Int. Law 183 (1927).
Indian Journal of Law and Legal Research Volume VI Issue III | ISSN: 2582-8878