Jurisprudence, nature and meaning of law

1. Law and the legal system are crucial in any civilization for maintaining order and ensuring the
existence of mankind.

2. Law can be defined as a system of rules and regulations that are recognized as binding by a
country or society and enforced by authorities.

3. Laws are contained in constitutions, legislations, judicial decisions, and other legal sources.

4. There is no unanimous definition of law, and jurists and legal scholars have different
interpretations.

5. Different approaches, including philosophical, theological, historical, social, and realistic

6. The diverse perceptions of law have led to the emergence of various schools of law with different
concepts and interpretations.

The Case of the Speluncean Explorers

Main Points:

1. The Case of the Speluncean Explorers is a fictional case created by Lon Fuller in 1949 for the
Harvard Law Review.

2. The case takes place in the fictitious Commonwealth of Newgarth in the year 4300.

3. The case involves five cave explorers trapped in a cave after a landslide, with limited food supplies
and no source of food inside.

4. The rescue operation is difficult, time-consuming, and costly.

5. The explorers establish radio contact with the rescue team on the 20th day and learn that another
10 days would be needed for their rescue.

6. Medical experts inform the explorers that they are unlikely to survive another 10 days without
food.

7. The explorers inquire about their chances of survival if they were to kill and eat one of their own.

8. The doctors hesitantly state that they would likely survive if they resorted to cannibalism.

9. The explorers hold a lottery to decide who will be killed and eaten.

10. Roger Whetmore initially backs out of the deal, but the others proceed with the lottery and
Whetmore is chosen to be killed.

11. The survivors are eventually rescued and recovered.

12. The survivors are charged with the murder of Roger Whetmore, and the mandatory sentence for
murder in Newgarth is death by hanging.

13. The trial judge rules the defendants guilty of murder and sentences them to be hanged.

14. Both the trial judge and the jury petition the Chief Executive of Newgarth to commute the death
sentence to six months' imprisonment.
15. The Chief Executive awaits the Supreme Court's disposition of the petition before making a
decision on clemency.

Jury involved in Judgement

• Chief Justice Truepenny

• Justice Foster

• Justice Tatting

• Justice Keen

• Justice Handy

Opinion of Chief Justice Truepenny

In the case of the Speluncean Explorers, Chief Justice Truepenny holds that the actions of the jury
and trial judge were fair and necessary within the confines of the law. He emphasizes that the
statute is clear and must be strictly applied by the judiciary, unaffected by public opinion or
sentiment.

Chief Justice Truepenny highlights that the power to grant mercy lies with the executive branch and
not the judiciary. He suggests that the Supreme Court should petition the Chief Executive for
clemency. This approach ensures that justice is served without violating the letter or spirit of the law.

Ultimately, Chief Justice Truepenny upholds the conviction of the explorers but recommends seeking
clemency from the executive authority.

Opinion of Justice Foster

Verdict: Innocent

Natural Law

Main Points:

1. Justice Foster argues that the explorers were in a "state of nature" rather than a "state of civil
society," meaning the laws of the Commonwealth of Newgarth do not apply to them.

2. Within the laws of nature, it is deemed acceptable to sacrifice one person for the survival of
others.

3. Justice Foster suggests taking a "purposive approach" to the statute, considering the intended
purpose of the law.

4. The main aim of criminal law is to punish offenders and deter future crimes, but in this case,
punishment would not serve the purpose of deterrence.

5. The judges have some flexibility in interpreting the law, particularly in extraordinary cases.

6. The decision to set aside the conviction does not go against the legislative will but ensures the
effectiveness of the legislative intent.

7. Justice Foster concludes that the conviction should be overturned.

Opinion of Justice Tatting

Main Points:

1. Justice Tatting struggles with conflicting emotions of empathy for the defendants and disgust over
their actions.

2. He criticizes the prioritization of freedom of contract to kill over the right to life under natural law.

3. Justice Tatting finds it challenging to apply the purposive approach to the criminal statute with
multiple purposes, including retribution and rehabilitation.

4. The self-defense exception cannot be applied to the case as the explorers acted wilfully and
deliberated before killing.

5. He cites the case of Commonwealth v Valjean, where hunger was not accepted as a justification
for theft, let alone homicide.

6. Justice Tatting rejects Justice Foster's reasoning but is unable to reach a decision due to conflicting
legal rationales and emotions.

7. In an unprecedented move, Justice Tatting withdraws from the case.

Opinion of Justice Keen

Verdict: Guilty

Positivism

Main Points:

1. Justice Keen argues that matters of executive clemency and morality are not within the
jurisdiction of the court.

2. The decision on executive clemency should be left to the Chief Executive, and moral judgments
are beyond the court's scope and violate the separation of powers.

3. Justice Keen emphasizes the importance of separating legal and moral aspects in the case.

4. Judges should not apply their personal conceptions of morality but instead apply the law of the
land.

5. The court's role is to apply the legislation of Newgarth and determine whether the defendants
wilfully took the life of Roger Whetmore.

6. Justice Keen criticizes his fellow judges for allowing personal emotions to influence their decisions
and prioritizing emotions over the law.

7. He rejects Justice Foster's purposive approach to statutory interpretation, emphasizing the

8. The actions of the defendants fall within the scope of the statutory provision, leading Justice Keen
to affirm the conviction.

9. Justice Keen acknowledges that making a hard decision is not always popular but remains
determined to put personal views aside and uphold the law.

Opinion of Justice Handy

Legal Realism; Common Sense

Main Points:

1. Justice Handy believes the case calls for the application of practical wisdom and the consideration
of public opinion and common sense.

2. He criticizes his fellow judges for hiding behind technicalities and emphasizes the importance of
maintaining public confidence in the courts.

3. Justice Handy argues that the government is a human affair and rulers should understand the
feelings and conceptions of the masses.

4. The judiciary is at risk of losing contact with the common man, and preserving harmony with
public opinion is crucial.

5. Justice Handy suggests that declaring the defendants innocent would maintain public confidence
and align with the 90% majority opinion.

6. He acknowledges that considering emotional public opinion may trouble his fellow judges.

7. Taking a common-sense approach, Justice Handy concludes that the defendants are innocent and
recommends setting aside the conviction.

Schools of Law

Natural Law School

Main Points:

1. Natural law is often defined as the law of nature, divine law, or an eternal and universal law.

2. It has been associated with theology but has also been used for secular purposes.

3. Natural law is believed to exist independent of human will and is discovered through nature.

4. The central idea of natural law theory is that there is a higher law based on morality against which
the moral or legal validity of human law can be measured.

5. Natural law theory asserts that there is a connection between law and morality, and laws that are
not moral are seen as a perversion of law.

6. The maxim "Lex iniusta non est lex" expresses the view that an unjust law is not a true law and
may not require obedience.

7. While natural law theorists believe that law necessarily includes moral principles, it does not
mean that all aspects of law are solely based on morality.

8. Critics, such as Bentham and Austin, rejected natural law due to its vague and ambiguous nature.

9. The overemphasis on morality as an element of law was seen as reducing law to the command of
a gunman, failing to meet societal aspirations.

10. Socio-political changes, like the rise of materialism after World War I, led to a reevaluation of
legal regimes and a revived interest in natural law theory in a modified form.
11. The modified form of natural law theory aimed to provide alternatives based on value-oriented
ideology and combat moral degradation in society.

Rule of Law

Main Points:

1. The "Rule of Law" principle states that the law is supreme and applies to all individuals, including
those in positions of power.

2. Equality and non-arbitrariness are essential aspects of the rule of law.

3. The rule of law is a fundamental principle of the Constitution, emphasizing government based on
law rather than individuals.

4. It requires that everyone, including the government and its officials, act in accordance with the
law.

5. Supremacy of the law is a key element of the rule of law, ensuring that no person is above the law,
including the executive branch of the government.

6. Rule of law imposes a duty on citizens to obey just laws and emphasizes the importance of laws
being fair and not arbitrary or oppressive.

Principles of Natural Justice

Main Points:

1. Natural justice refers to the minimum standards or principles that administrative authorities must
follow when making decisions that have civil consequences.

2. In India, the principles of natural justice are firmly established in Article 14 and 21 of the
Constitution.

3. Article 21, which includes the concept of substantive and procedural due process, allows for
fairness to be incorporated into the principles of natural justice.

4. Violating the principles of natural justice leads to arbitrariness, and such violation is considered a
violation of the equality clause in Article 14.

It encompasses 2 rules-

1. Nemo judex in causa sua - No one should be a judge in his own cause or, the rule against bias.

2. Audi alteram partem - Hear the other party or, the rule of fair hearing or, the rule that no

one should be condemned unheard. Generally, the ‘rule of law’ and ‘due process of law’ are

considered as new incarnations of natural justice in the twentieth century.

Analytical School

Main Points:

1. This school of jurisprudence aims to create a scientifically valid system of law by analyzing legal
concepts and ideas through empirical or scientific methods.
2. It is known as the positive or imperative school of jurisprudence and emerged as a reaction
against the natural law school.

3. Founders of this school, such as Jeremy Bentham and John Austin, rejected natural law as vague
and abstract ideas.

4. The positivist approach emphasizes the separation of law and morality. According to positivists,
law is man-made and enacted by the legislature.

5. Positivists believe that a duly enacted law, until changed, remains law and should be obeyed,
regardless of its moral content.

6. John Austin, in his work 'The Province of Jurisprudence Determined,' defined law as the command
of the sovereign backed by the threat of punishment.

7. He aimed to clarify the distinction between law and morality, which he believed had been blurred
by natural law doctrines.

1. According to John Austin, command is an expression of desire by a political superior to a political

2. The political inferior is obligated to obey the command, and disobedience results in liability for
punishment.

3. Commands are prescribed modes of conduct by the sovereign, who is viewed as a person or group
of persons to whom society gives habitual obedience.

4. The idea of command and punishment is the distinguishing characteristic of positive law,
differentiating it from principles of morality and positive morality.

5. Positive law focuses on law as a command, while principles of morality consider it as the law of
God and positive morality considers it as man-made rules of conduct.

6. Over time, jurists such as Dworkin, Fuller, and Finnis rejected the analytical school of
jurisprudence due to its excessive emphasis on law as a command and its neglect of morality and
custom as sources of law.

Historical School

Main Points:

1. The historical school of jurisprudence believes that laws are shaped by the local situation and
conditions of the people and should reflect the needs and feelings of society.

2. It emerged as a reaction against natural law and positivism, emphasizing the irrational, racial, and
evolutionary nature of law.

3. According to Savigny, a prominent figure of the historical school, law should reflect the common
spirit and customs of the people and is particular to each society like its language.

4. The historical school recognizes that law is not static but evolves with the development of society.

5. It emphasizes that law is not given by a political superior but is found or given by the people.

6. Sir Henry James Sumner Maine is a notable figure of the British Historical School of Jurisprudence,
known for his contributions to comparative law, primitive law, and anthropological jurisprudence.
7. The historical approach to law has faced criticism for its vague, parochial, and unscientific
explanation of the law.

Sociological School

Main Points:

1. The sociological school of jurisprudence considers law as a social phenomenon and focuses on the
perceptions and needs of people in society.

2. It emphasizes the balancing of conflicting interests in society through the law.

3. The sociological approach sees law as a tool for social change and recognizes its role in addressing
societal needs.

4. The philosophy of the sociological school provides opportunities for social and legal reformers to
shape the law according to the evolving needs of society.

5. Roscoe Pound is a prominent figure of the sociological jurisprudence in the United States.

6. According to Pound, the sociological school emphasizes the purpose and function of law rather
than its specific content.

7. Law is seen as a social institution designed to meet the social needs of society.

8. The sociological school recognizes that law serves as a mechanism for balancing conflicting
interests in society.

Realist School

Main Points:

1. The realist school of jurisprudence gives more importance to laws made by judges rather than
traditional rules and concepts as the real sources of law.

2. Realism is a combination of analytical positivism and sociological jurisprudence, focusing on the

3. Realists believe that the social, economic, and psychological background of a judge influences
their decision-making.

4. Karl Llewellyn, a prominent figure associated with the school of legal realism, identified key
features of the realist school.

5. Realists emphasize that the law is not static and keeps evolving over time.

6. Law is seen to achieve social ends or objectives.

7. Society changes faster than the law, and legal decisions need to adapt to the changing social
dynamics.

8. Realists acknowledge that law cannot be certain, and judicial decisions are influenced by various
factors, including the judges' backgrounds.

9. Case studies play an important role in understanding and shaping the law, and the courtroom is
viewed as a laboratory for legal analysis and development.

Function and Purpose of Law

1. The need for law arises from the function it serves in society and the purpose it fulfills.

2. In a welfare and democratic state, law plays several important functions.

3. Law regulates various aspects of human life, starting from the moment a child is conceived.

4. The State interacts with and protects its citizens throughout their lives through the
implementation of law.

5. These functions and purposes of law may vary based on the nature of the state and its legal
system.

6. The major functions and purposes of law include:

- Delivering justice by providing a framework for resolving disputes and ensuring fairness.

- Ensuring equality and uniformity by treating all individuals equally before the law.

- Maintaining impartiality in the administration of justice and decision-making processes.

- Upholding law and order to ensure peace, safety, and security in society.

- Exercising social control by setting norms, standards, and regulations for behavior.

- Resolving conflicts between individuals or groups through legal mechanisms.

- Bringing about orderly change through the enactment of laws and promoting social reform.