School

Proponent

Doctrine

Philisophical
a. 18th century law of nature school
b. metaphysical school
c. sociophilosophical school

Functional School
Roscoe Pound-Dean Harvard Law School
SOCIOLOGICAL JURISPRUDENCE / SCHOOL:
Mechanical Stage - dominant class will shape the law into their favor
Biological Stage - Darwin's theory of selection (well ordered social struggle for existence; law is to protect the group against
hindrances to its progress due to some of its hostilities to other groups)
Psychological Stage 1. Gierke-theory of association
2. Ward-psychic force arevas real and natural as a physical forces
3. Tarde-imitation is a factor in the development of legal institution
Stage of Unification-each of the direction of social jurisprudence has something for science as a whole.
Main Doctrine: We cannot understand what a thing is unless we study what it does.
Historical
Analytical
a. german - metaphyscial, historical
a. older type
b. english -comparative, historical
b. english - historical, analytical
Historical

1.
2.
3.
4.
5.

past of law
cannot be made consciously
there is social pressure behind the rules
type of law is custom
Hegelian view

Jus Gentium
Laws governing between states
Compare the rules of other legal system to another

School
Proponent

Doctrine

School
Proponent

Analytical
1. present of law
2. law can be made consciously
3. no social pressure

Jus Naturale
The Ideal Law
Rules must conform to a natural reason

Realist School
Oliver Wendel Holmes
Main Doctrine: Law is what the courts or judges do and not what they say. Lawyers are paid to predict or guess how the courts
will decide
Factors that can influence a Judge's decision:
1. personal characteristics
2. forces like corruption

Communist School
Karl Marx

Communism - socialist movement to create a classless, moneyless and stateless social order

Doctrine

Related Terms:
Socialism - A system that advocates the state's ownership of land, industry and capital. Communism is a branch of socialism.
Capitalism: Economic system in which individuals or corporations own land and means of production
Bourgeois: The middle-class/upper-class, or the owners of land and means of production
Proletariat: The working-class
Kulak: Wealthy peasants
Bolsheviks/Bolshevists: Russian word for "majority." Also, the political party that spawned the Bolshevik Revolution, effectively
introducing communism in Russia
Mensheviks: By definition, "minority," although this Russian party had many more supporters than the Bolsheviks when Lenin
returned to Russia in 1917.
Reds: Communist/Bolshevik supporters. Also, "red" is a derogatory term to describe communists.
Whites: Those opposed to the Bolshevik regime's takeover
Money/Money form: The commodity chosen to function as the universal equivalent for all other commodities
Gulags: Russian slave labor camps
Utopia: A perfect place, in reference to social, moral and political issue
Ultimate goal is the fulfillment of human needs, which includes fair share of the product and satisfying work.
Dialectical materialism
A methodology which is the combination of dialectics and materialism.
Thesis - rich
Antithesis - poor
Synthesis - classless society

School
Proponent
Doctrine

Doctrine

Policy Science
Harold Lasswell;Myress McDougal
Certain Skill of Thoughts for Lawyers:
Goal Thinking - clarification of values
Trend Thinking - implementation of values - considers the shape of things to orient in the contemporary trend and future
probabilities
Scientific Thinking - implementation of values and uses body of scientific knowledge and not just social observation
Theory of Nature of Law
A law - specific
The Law / Law - generic or universal
Policy Science - Systematic thinking or investigation
SOCIAL VALUES OR DESIRABLE SOCIAL DESIRE:
1.Power
2.Knowledge
3.Respect
4.Income/Wealth
5.Safety/Health
GOALVALUE:
1.Power - the privilege of participating and effecting changes in the government
2.Knowledge - recognition and understanding on how democratic precepts and processes can be justified
3.Respect - regard and esteem for human beings
4.Income/Wealth - cannot be overemphasized
5.Safety /Health - peace or happiness should be widely shared
Supreme Goal Value: RESPECT