Philosophy of law

Before describing philosophy of law , I will discuss  about Philosophy and after that the development of philosophy of law ,then schools of philosophy of law ,and further types of law and finally concluding by writing final words.

What is Philosophy

Original meaning of the word philosophy comes from greek roots, ‘philo’ which means love and ‘sophia’ which means wisdom. So etymological meaning of philosophy is “love of wisdom”

What I had studied about philosophy I found that philosophy is basically the study of nature of things, reality,essence ,values,reason, logic,mind,human life etc. So there may be a many definition if philosophy like :

• Philosophy is an urge to discovered the truth

• Philosophy is an intellectual and logical study of general and fundamental problems like problem of free will , causa sui etc.

• Philosophy is a set of ideals ,standards or beliefs used to describe human behaviour and thoughts

• Philosophy is the study of how and why . For example; how and why people do certain things and how to live a good life.

What is PHILOSOPHY OF LAW

As I said above that philosphy is study of nature of things in this sense philosophy of law is the study of nature of law. So the typical definition of philosophy of law comes that It is a branch of philosophy that analyse or examine the nature of law in relation to ethics ,norms ,custom, practices,religion,attitude etc. Philosophy of law is also called jurisprudence. The word jurisprudence derived from a latin word jurisprudentia which means knowledge of law. Juris means law and prudentia means knowledge.

Nature of philosophy of law: As we know that law is changing from time to time because our needs ,beliefs, neccesity are dynamic. So due to this we need philosophy of law ,it is not like Indian penal code criminal procedure code, or the constitution. It is ever growing and dynamic subjects has no limitation on itself. So basically philosophy of law describe what is law ,how law should be ,and its relation with morality.

Scope of philosophy of law : Justice P.B mukharjee observed that it is both an intellectual and idealistic  abstraction as well as behavioural study of man in society ,it includes political, social,economic and cultural ideas. It covers the study of man in relation society.

Importance of philosophy of law: 

• It helps judges and lawyer in knowing true meaning of law enacted by legislature and it also helps legislature in law making

• It helps in rationalizing the thinking of student for a good civil life.

• It is the interpreter of law.

• It talks about political and legal rights and how  the system can strive to balance them out.