Civilization on Earth is still dependent upon our democratic and judicial system, whereas, democratic and judicial systems are products of Jurisprudence.

The stages of jurisprudence are often called as the school of jurisprudence if we count the Era of jurisprudence in the last 2500 years.

500 B.C. – 1000 A.D.

Natural School of Jurisprudence –

This stage was pioneered by Socrates, Aristotle & various holy books such as Bhagavad Gita, Ramayana, Bible etc., awarded the intellectual capability about natural and human rights to mankind, later in this stage often called as Philosopher School of jurisprudence.

1000 A.D. – 1500 A.D.

• Historical School of Jurisprudence –

This stage was pioneered by Savigny (father of Historical Jurisprudence) awarded the intellectual capabilities of Jurisprudence, that our traditional values and ethics are the sources of law.

• Analytical School of Jurisprudence –

This stage was pioneered by John Austin (father of Analytical jurisprudence). In this stage, first time codified that ‘What is Law & what ought to be law’.

1500 A.D. – 2000 A.D.

• Sociology School of Jurisprudence –

This stage was pioneered by Rudolf von Jhering (father of Sociology Jurisprudence), Auguste Comte, Eugen Ehrlich, Roscoe Pound, and Duguit. This stage is important for codifying the structure of our society’s law. 

• Realist School of Jurisprudence –

This stage was pioneered by Oliver Wendell Holmes & John Chipman Gray (both are known as father of Realist jurisprudence). In this stage, first time codified that judgement and order are source of Law. The jurists of this era, more emphasis upon Court proceeding, Court structure and judgements.

From all the stages, now mankind having intellectual capability about –

1. Human rights/fundamental rights
2. Constitution and law
3. Judiciary system
4. Parliament/Legislative assembly

Therefore, the basic structure of our civilization States for:

1. Parliament/Legislative assembly are representative sessions of the public, and authorized to codify the law for welfare of mankind (Public), whereas members of Parliament/ Legislative Assembly are elected by the Public.
2. Judiciary system is an autonomous body to applied and regulated the law upon the Republic of state, which are codified/passed by Parliament/Legislative assembly, whereas Judiciary system runs upon Bar-Bench decentralized proceeding phenomenon.

2000 A.D.-

School of Contemporary Jurisprudence –

Recently, an Indian jurist Mr. Deepak Sharma ( often called as father of Contemporary Jurisprudence) propounded the school of Contemporary Jurisprudence. He has challenged the cardinal principle of the current judiciary and democratic jurisprudence.

He said that –

1. Parliament /Legislative Assembly could not be considered as the representative session of the public, because the personal interest of an elected person (M.P / MLA) never is the same as collective interest of the public. He propounded the three levels of democratic structure against public- Parliament, he propounds the three level Representative sessions as Public – Society Representation – Parliament/Legislative assembly. He propounded that some group of people have common interest for their economic survival, such type of group called as Society, therefore any representative person from such society. Therefore, common interest of such representative shall be same of such society group, he further propounded that if Parliament and society representation both shall participate in the law-making process jointly, thereafter degree of democracy must be increased.
2. Judiciary system – School of Contemporary Jurisprudence also challenged the cardinal principle of current Judiciary system, as 
3. Judges/ bench never be considered as independent Judiciary body, on the ground, that Court can’t be treated as independent Judiciary body because of various functionality of court/ Judges run under the control of state/Nation.
4. A Just in trial (J.I.T.) is the world’s first centralized trial proceeding provides the edge of public representation in Judiciary. 

J.I.T. is considered 25 times faster and 20 times more transparent against the current Bar- Bench trial proceedings system.

Other main features of Contemporary Jurisprudence –

1. All types of law have been divided into five types and their codification process through joint session of Parliament and society representative session.
2. Degree of Democracy (details are not still available in public domain).
3. Developing stage of Judiciary system of any state (details are not available in public domain).

Conclusion –

From all the above statements, it’s true that the School of Contemporary Jurisprudence awarded a new edge of intellectuality about the next stage of Jurisprudence to mankind.

The entire structure of our democratic and Judiciary system shall be affected due to Contemporary Jurisprudence because of cardinal principle of our democratic and judicial system has been idle challenged upon initio by the concept of School of Contemporary Jurisprudence.

References –

1. https://blog.ipleaders.in/school-of-contemporary-jurisprudence/ 
2. https://english.newsnationtv.com/campaign/know-your-rights/india-to-attain-intellectual-capability-of-judiciary-engineering-258906.html 
3. https://www.patrika.com/noida-news/the-judicial-system-will-be-25-times-faster-and-20-times-more-transparent-by-contemporary-judicial-science-6378754/ 
4. https://www.thestatesman.com/inspiration-hub/deepak-sharma-propounds-school-contemporary-jurisprudence-1502977587.html 
5. http://caseyweekly.com.au/school-of-contemporary-jurisprudence/ 
6. https://www.thespuzz.com/india-as-nicely-as-mankind-is-going-for-the-next-democratic-and-judiciary-revolution/ 

Disclaimer: Views expressed in this article are of authors.

Authors:

The authors are Students of the BBA LL.B Course at Inmentec Ghaziabad, CCS University, Meerut