Ancient Indian Jurisprudence and Modern Jurisprudence Comparison

The Sociological Jurisprudence was a further development to positivism which was an important trend in the 20th Century the Sociological Jurisprudence studies the legal system as a part of the social reality. The law cannot be studied without knowing its Historical and Social background. A law is an horn meant for repeated application and not exhausted by its fulfilment once. A law results certain social or economic relationship. And this relationship is created by the productive forces that were prevailing in a given society. Law thus consists of a set of rules reflecting these relationships. There are important areas in the law in which Judicial discretion cannot be exercised example, In Hindu Marriage Act (1955), a Hindu can only one wife and this no Judge can hold that a Hindu can more than one wife. Law is what the courts do in fact. If a Judge is given free discretion he can solve all problems of the society.

The Sociological Jurisprudence shifted the centre of gravity of the legal system from a statute to a Judgement law, but the statutory law can be interpreted by the Judges in a manner as to fulfil the needs of the society, a comparison and analytical Historical Perspective.

Ancient Indian Jurisprudence and Modern Jurisprudence Comparison :

Ancient Jurisprudence
Modern Jurisprudence

1. Ancient Indian Jurisprudence related to semi-feudal and feudal society.

1. Modern Jurisprudence is related to Industrial Society.

2. Feudal Society is basically on Agriculture Society. In which production techniques were primitive.

2. Since Science and Technology progress are advancing. Industrial progress was changing fast endlessly.

3. The method of production did not change for Centuries. Production was low. A process was repeatedly some for production.

3. Industrial Society was fast changing by using scientific and technical devices. Production was fast increasing.

4. Changes in Society were very slow and continued for centuries.

4. Revolutionary changes were brought in Society within a short time.

5. The main form of feudal law was customary law supplemented by written test. The society was relatively stable.

5. Industrial Revolution of 18th and 19th Century in Europe and America was fast and it spread all over the world. It completely altered the situation.

6. Methods of Production on were not changed for Centuries. Production techniques could not be brought in to force for fear of adverse results.

6. Machine Production ushered in totally new kinds of social relations. Modern Society is known for its instability due to continuous changes in techniques of production.

7. Social Relations were very slow and almost remained some for Centuries.

7. Modern Industry causing major changes in social relations. Consequently, in the law also.

8. The Ancient Jurisprudence the method of production is conservative.

8. It was revolutionary.

9. The main source of law was customary and traditional basis.

9. Main source of law was legislation. Legislation brings about at a particular moment abrupt change in social relations.

10. Legal relations and legal norms remained constant.

10. Legal norms continuously changing. Legislation has become the most importance source of law in modern society.

11. It is depending upon law of nature.

11. Modern Jurisprudence is a combination of Positivism Sociological Jurisprudence, and Natural Law.

12. Large no. of legal treatises was written in Sanskrit. But only a few works are available for our study purpose. The Parliament or some legislature.
Jimutvahan and Vijnaneswar provided commentaries on this Smritis.

All law was originally customary law. And there was no statutory law in Ancient India since there was no Parliament or legislature in those times. The study of Ancient India Jurisprudence really belongs to the school of Historical Jurisprudence.


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