Introduction to Schools of Law and Jurisprudence

The legal profession is an integral part of a greater concept: jurisprudence. It seeks to know the nature, purpose, and functioning of legal systems. Jurisprudence itself can be said to be the philosophy of law, as it points out the conceptual framework in which legal principles come into life and by which they get interpreted. Through the ages, many schools of thought, each with an individual notion of what the law is, how it should be applied, and what its proper role is in society, have developed.

There are those that fall between natural law schools, who believe that the law emanates from universal moral principles that are part and parcel of human nature, and those that belong to the analytical school, which perceives logic in the structure and clarity of rules. The historical school postulates that the legal order changes in perfection from time to time and also stands based on tradition and custom of society, while the philosophical school concerns itself with the ethical and moral aspect of law.

On the other hand, the sociological school treats law as a social engineering instrument and, correspondingly, orients the focus of its study toward the theory of action of law in society and its ability to adequately effect solutions to social problems. The realistic school, on the other hand, treats the law from a practical dimension, emphasizing real-world results and the applications of empirical verification into legal decision-making dimension.

What each of the schools brings to greater understanding is unique insight that helps shape the development of legal systems worldwide. It enables, through an examination of the various principles, limitations, and rights associated with each school, an appreciation for the diversity of approaches toward the law and how it is intertwined at any given time with the dynamic interplay of theory and practice.

Analyical School of Law:
The Analytical School of Law, also known as legal positivism, has focused on perceiving law as systemic and rationally based. It puts great stress on the separation of law from morality and on the internal consistency and structure of a legal system. This approach presents law as a set of rules or commands given by a higher authority or through an official audience. It thus attaches great value to clearness and logical consistency in legal thinking.

Essential Properties and Features of Law

• Through the analytical school, and specifically through the theory of John Austin, law is defined as commands from a sovereign, enforced by threats of sanctions, which is, punishment. It seeks to express the element of authority and of prescription of legal norms.
• The analytical jurists are of the opinion that the validity of law is not necessarily based on any moral considerations. It focuses on the law as it is (de lege lata) and not how it should be (de lege ferenda); there is a purport that an analysis of legal rules ought to be according to formal characteristics other than moral or ethical content.
• The analytical school thinks that legal reasoning must be systematic and structured. It treats laws as an ordered system of rules, which is amenable to logical analysis and application.

Key Thinkers

• Jeremy Bentham: Bentham is one of the founding fathers of positivism. He was a strong advocate for codifying laws for more comprehensibility and usefulness. To his assertion, the law should be structured around his principle of utility: laws must be measured depending on their capacity as means to promote the greatest human happiness. It is through Bentham that the utility of laws and their systemic approach became the founding block of modern positivism.
• John Austin: According to the command theory, Austin holds that the law is a command of the sovereign, with the sanction of enforcement. He asserted that the nature of law was to be assessed along lines of formal characteristics and the authority of the sovereign and not by the law's moral or social implications. Austin's approach emphasizes the authoritative nature of legal rules and their role in maintaining social order.
• H.L.A. Hart: Hart took the analytical school one step further by conceiving the notion of a legal system consisting of primary as well as secondary rules. He rejected the crude command theory of Austin and put forth an ingenious theory of the legal system. Hart advocated the concept of a 'rule of recognition'; a foundation of rule that dictates the point of origin criterion of legal norm's validity in the system.

Sources of Law

• Statutory Law: Statutes and Legal Codes Statutes and legal codes are the main sources of law within the analytical tradition. Statutes refer to the written laws that are passed by the sovereign authority. The clarity and coherence of the statute and thus its logical form is considered the basis of what is central to the Indian Penal Code and U.S. Constitution Analytical Jurisprudence.
• Precedents: Precedents stand a probable significance in the reading and utility of statutory laws. Precedents systematically help in the development of legal principles and help clarify ambiguity of the statutory text.
• Codifications and Legal Texts: Not least important is the relation the codifications and legal texts, such as legal text commentaries, and textbooks, which serve in understanding structure and interpretation of the legal norms; such texts aid in systematizing and interpretation highlight legal principles.

Theories

• Definition of Law by Austin: Austin's command theory describes laws as commands of a sovereign, which have been given to subjects with a threat of a sanction. The theory places emphasis on the imperative character of legal commands and, in turn, on the regulation of behavior by those same commands.
• Hart's Rule of Recognition: Hart presented the rule of recognition as a secondary rule, which has the role of providing criteria for the ascertaining of the existence of primary rules and forbids an acceptance of the legal rules that do not account for the rule of recognition. This rule is important in the task of distinguishing valid legal norms from invalid ones as well as understanding how legal systems function.

Important Case Laws

• R v. Secretary of State for the Home Department, ex parte Simms [2000]: In this case, the court emulated the analytical method of statutory construction under the cloak of the doctrine of parliamentary sovereignty. The court concentrated on the wording and ordinary meaning of the statute.
• Hart-Fuller Debate: The discussion between H.L.A. Hart and Lon Fuller looms over the domain of legal philosophy. Hart argued for the separation of law from morality; Fuller advanced the integrative approach, which would not lose sight of the moral worth in legal interpretation. The tension between these two positions epitomizes the tension between analytical positivism and considerations of morality in the law.

Approaches in Diverse Circumstances:

Interpretation and Application of the Constitution:

• Literal Interpretation:
  • The literal aspect of constitutional provisions is found as an associated importance of analytical approach. Judges and legal scholars applying the approach discussed here take the gesture to read the exact wording in the constitution and what that wording means and operates at face value.
  • Illustration: In a problem of interpretation, for example, of Article 21 of the Indian Constitution dealing with 'Right to Life and Personal Liberty', an analytical approach would be strictly based on text and firmly established legal precedents with no recourse to wider moral or social considerations.
  • Case Illustration: A.K. Gopalan v. State of Madras [1950] where the Supreme Court of India interpreted personal liberty in a highly formalistic manner.

Statutory Interpretation:

• Mischief Rule and Literal Rule:
  • Legal philosophers often use the mischief rule (to determine intent of the law) or the literal rule (to interpret words of an act) to elucidate dark region of the acts.
  • Example: In Smith v. Hughes (1960), the court applied the mischief rule to an interpretation of the Street Offences Act 1959 in a way that gave importance to the legislative intent underpinning the statute.
  • Case Example: R v. Maginnis [1987], in which the House of Lords defined the term "supply" under drug possession legislations based on the application of statutory definitions.

Judicial Review:

• Focus on legal validity:
  • Analytical approach focuses on gauging the legality of executive and legislative actions concerning conformity to the set principle of law. It should avoid analysis of issues based on laws that tout immorality and unfairness but based on the set of grain in legality.
  • Example: In a case where constitutionality regarding a law is in question, the analytical approach would surface in rigid analysis so that the law complies with the set theory of constitution without analysis of broader social or ethical implications.
  • Case Illustration: Kesavananda Bharati v. State of Kerala [1973], where the Indian Supreme Court evolved the "basic structure doctrine," that looked at the logical coherence of the constitutional amendments.

Legal Reform:

• Codification and Clarity:
  • The analytical school subscribes to and advocates statutory formulation of law changes that require clarity- for the sake of explanation and codification, for uniformity and elimination of vagueness; codification helps in systemization of legal principles and to make them more approachable.
  • Example: The implementation of the Indian Penal Code in 1860, which was to act as the precursor to endeavor towards an all-inclusive codified legal system falls in line with the analytical model.
  • Case Example: K.M. Nanavati v. State of Maharashtra [1961], wherein the words "grave and sudden provocation" as outlined in Section 300 of the Indian Penal Code was defined into the ambit of exact legal connotation.

Restriction of the Power of the Degree of Governmental Power:

• The government has to act according to the laws and formal legal rules in such a way that actions are not arbitrary.
  • Case Law: Marbury v. Madison [1803] – it was in this case where the principle of judicial review was established, and it is declared that laws that are inconsistent with a constitution are void that constrains government that it will not act beyond the law.
     
• The laws must be certain and clear; so that the parties do not have to rely or be at the mercy of the state's discretion, and also to make sure the certainty of the legal position of a person.
  • Case Law: Papachristou v. Jacksonville [1972] – The U.S Supreme Court held a vagrancy ordinance to be void under the vagueness for its; this was on the ground that "if vagrancy ordinance makes criminal activities of what is part of the normal expectation, then it fails to inform what is the definition of such crimes".
     
• Acts of government would be subjected to judicial review to confirm that they are in accordance with the dictated legal norms and that government does not misuse their power.
  • Case Law: Brown v. Board of Education [1954] - While striking down the racial segregation in public schools, the court gave an excellent precedent very in its very early years of creation regarding the judiciary's intervention to ensure governmental actions are as per some of the most basic constitutional norms.
     
• Government would have to act in the way that the set procedures provide, so there remains fairness and the decisions are not arbitrary.
  • Case Law: Goldberg v. Kelly [1970] - The Court held that due process mandates a pre-termination opportunity to contest the termination of welfare benefits, and is therefore a concomitant of doctrine related to procedural fairness of government action.
     
• This is the distribution of powers among different bodies in government done so that one body of government does not acquire more authority other than what is listed in the laws.
  • Case Law: Youngstown Sheet & Tube Co. v. Sawyer [1952] - The Supreme Court limited the presidential powers and ruled that the President cannot take over the steel mills without steps in concert with the Congress, in the process affirming the principle of separation of powers.

Rights of Individuals:

• Legal Protection:
  • Description: Individuals are supposed to be protected under a set of well-defined, laid down legislations, imparted to the individuals concerning their transactions with the government.
  • Case Law: Roe v. Wade [1973] - The Court recognized the right to privacy of a woman under the Due Process Clause, therefore protecting individual rights according to the principles of law.
• Right to Litigate:
  • Description: Individuals are allowed to challenge public acts of the State or bring a case in front of the court where their rights have been infringed upon.
  • Case Law: United States v. Nixon [1974] - The Court upheld the principle that nobody, including the President, is above the law, thus enabling an ordinary citizen to question the activities taken by the government.
• Due Process:
  • Description: This would imply that everybody has a right to fair legal proceedings, to include the so-called right of a hearing on a specific case, and the right that the arbiter or the one rendering the judgment should not.
  • Case Law: Gideon v. Wainwright [1963] - In this case, the Supreme Court ruled that the states must provide legal counsel to a defendant incapable of engaging an attorney, thereby ensuring that there is adequate due process.
• Security in the Law:
  • Description: The law provides individuals with a promise regarding legal certainty and predictability of outcomes.
  • Case Law: St. Louis v. Rutz [1868] - The Court viewed definiteness in laws where a man is able to see those laws to form a definite idea of their legal meaning to his legal duty.
• Equal Protection:
  • Description: The equal protection clause says that the citizen shall enjoy equal protection under the law and that it shall protect him against any discriminatory actions of the government.
  • Case Law: Loving v. Virginia [1967] - The Court invalidated laws prohibiting the marriage of interracial whites, again holding that the Constitution guaranteed equal protection under the law.
     

Historical School of Law:

The Historical School of Law insists that the law is a fruit of history, culture, and society's traditions. It tends to sustain that law has always developed naturally according to the customs and values that people hold. Via this approach, to understand its nature and purpose, it is necessary to know the roots and origins of the law.

Core Principles and Features:

• Law as a Product of Society: Since the historical school of thoughts maintains, this camp believes that law is a mere reflection of the collective consciousness and culture of a people. Therefore, legal norms are an expression of societal customs and historical experience.
• The Evolutionary Nature of Law: Affiliating with the historical approach is the firm belief in the slow evolution of law influenced by social change. Legal systems develop over time, undergoing modifications, changing form, and acquiring new forms that later change from time to time together with the new born social values.
• Focus on Customary Law: The historical approach places customary law at its apex. Customary practice and tradition often is/are the bedrock of legal systems, often equal or greater in authority to written laws.

Key Thinkers:

• Friedrich Carl von Savigny: One of the major contributors to the historical school was he who introduced the concept of Volksgeist. He believed the law to be nothing but an expression of the spirit and culture of that respective nation, arising out of the people's customs and traditions slowly through time. He was against the codification of laws based on this belief that it should, in turn, germinate with the coming values in the society.
• Sir Henry Maine: One of the contributions of Maine is his exposition on the development of societies from a status approach-based system, where legal status defines an individual's class, into a contract-based system where individual rights and consents are more supreme. He postulated that legal systems, over time, develop relative to the structures and transformation of values in the societies.
• Otto von Gierke: Gierke's main contribution to the source of law was his focus on legal institutions as expressions of social groupings and interrelations. According to Gierke, law has to be "a body of managing the business and satisfying the requirements of a social group in specific ways marked out and distinguished from others."

Sources of Law:

• Customary Law: In the historical approach, customary law is one of the major sources of law. Customs and traditions have to be considered as the underlying of legal systems; they express the historical and cultural values that are in a given society.
• Historical Documents: Ancient legal codes, historical texts, and legal traditions are an integral part of sources of law. They will indicate the nature of the development of legal systems and, therefore, the historical circumstances in which the laws evolved.
• Judicial Precedents: Precedents that represent the customs and traditions of society play an important role from the historical approach. They tend to hold the chain of continuity with the past and make the legal norms and practices come to line with the similarly proposed practices followed in history.

Theories:

• Volksgeist (Savigny): According to Savigny, the law is the product of the common spirit among a people. To him, the law is developed from the customs and tenets of the people and application of its legal maxims from foreign sources is probably going to fail.
• Evolutionary Theory (Maine): According to the evolutionary theory propounded by Maine, evolution from the inflexibility of the social structure is towards more flexible systems that rely on individual rights and contract or agreements. In short, the theory depicts the changeable nature of a society and its legal institutions.

Important Case Laws:

• A.K. Gopalan v. State of Madras [1950]: This is a landmark historical approach case because this judgment had stressed the need for a proper appreciation of the historical setting of the legal provisions under consideration. The court analyzed the history relating to the right to personal liberty in India.
• Kesavananda Bharati v. State of Kerala [1973]: The historicist approach to constitution interpretation. The Supreme Court relied upon the historical development of the principles under consideration in this country, to fine-tune the basic structure theory.

Approaches to Interpretation in Special Circumstances

Interpretation of Constitution:

• Historical Interpretation: The historical interpretation develops from the motives and the political drives of the agreement drafting parties. Such provisions should thus be read re-accessing them in the light of the historical background and the values that were deemed essential at the time of its birth.
• Example: If one is to construe constitutional provisions relating to fundamental rights, the historical approach would involve the study of the historical context, i.e., the circumstances and the social philosophy in shedding its cocoon and growing and taking its place.
• Case Example: In the case of Indira Gandhi v. Raj Narain [1975], the constitutional validity of the amendments related to election laws were construed with reference to their historical predecessor and development.

Statutory Interpretation:

• Customary Practices: The historical approach usually takes into consideration the customary practices and traditions at the time enacting the statute in interpretation. The approach can help to determine how the law has reflected historical practices of customary practices and ordinary life.
• Example: For act interpretation on the part of family law, the historical approach would consider the customary practices and traditional values that developed both.
• Case Example: Lalita Kumari v. Government of Uttar Pradesh [2014] in which the Supreme Court in interpreting the extent of the power to register the FIRs took into consideration the historical practices and legal traditions.

Judicial Review:

• Historical Approach: The historical approach of the judicial review includes going through the historical development of the legal norms and their consonance with the values of the society. The judges spare a thought about how the influence of historical practice and tradition brings an impact in the interpretation of the legal provisions.
• Example: In issues of laws constitutionality, the historical approach would get into the issues of historical background and development of legal concepts.
• Pleading Case Example: Golak Nath v. State of Punjab [1967] wherein the Supreme Court examined the historical background of amendments of constitution and its interaction with Fundamental rights.

Legal Reform:

• Adapting to Historical Changes: The historical approach helps legal reforms to be sensitive and adaptive to the changes that happen in the value system and experiences of society over time. The reform is made as a measure of keeping the legal systems in tune with the modern changes in the norms and actions of a society.
• Example: The reform of the family laws of many countries to keep pace with changing social values and customs is in tune with the historical approach.
• Case Example: Shayara Bano v. Union of India [2017], where the Supreme Court examined the historical background and transition of personal laws in India while discussing the practice of instant triple talaq.

Limitations on Government Power

Respect for Historical Continuity:

• Description: Government power is stipulated by the necessity of having a regard to, and not disturbing the historical tradition of legalism in any developed country.
• Case Law: Lochner v. New York [1905] - the Court invalidated labor statutes, thereby displaying a regard for the historically-entrenched freedom of economic enterprise and respect for established legal traditions pre-New Deal era.

Cultural Sensitivity:

• Description: Government should take into account the history and culture in which the government is acting, avoiding actions that conflict with the value systems.
• Case Law: Washington v. Davis [1976] - The Court considered whether a testing requirement bore a disproportionate impact on minorities, adopting historical and cultural reflection in the test of fairness.

Evolutionary Change:

• Description: The evolutionary change principle requires legal changes to be gradual and must reflect the historical evolution of legal rules and principles.
• Case Law: Brown v. Board of Education [1954] - The Court's gradual approach towards desegregation reflected evolutionary change of legal principles and rules relating to racial equality.

Respect for Customary Law:

• Description: The Government has to pay respect to customary laws and practices having historical legitimacy.
• Case Law: Ernest & Young v. University of Alabama [1986] – The Court acknowledges the existence of customary practices in academic freedom, paying respect to the historical norms adopted.

Legal Stability:

• Description: The government should not deal with actions that tend to violate the legal stability and predictability in the state; law should never disturb the norms that have been adopted and practiced.
• Case Law: Muller v. Oregon [1908] - The Court did not reverse labor standards for women. It weighed down the rule of law with the needs of social change.

Rights of the Individual:

Cultural Rights and Historical Rights:

• Description: An individual has the right to form and be part of the cultural life of a community and nation. He is entitled to participate and benefit from the cultural heritage of the people and historical practices.
• Case Law: Employment Division v. Smith [1990] - The Court's decision to uphold drug laws despite religious objections reflected the balance between individual cultural rights and societal interests.

Legal Stability:

• Description: People are entitled to a stable legal system in which legal change happens gradually and not by sudden leaps.
• Case Law: Brown v. Board of Education [1954] – The court postponed desegregation; demonstrates the degree to which a level of legal stability and a degree of change can be used as a balancing factor with regard to whether such would or would not be tolerable or acceptable to society as consistent with public expectations.

Respect for Tradition:

• Description: The people's right to continue to pursue existing patterns of behavior is deprived only if a particularly strong social need can be demonstrated.
• Case Law: Wisconsin v. Yoder [1972] - The Court agreed that the Amish children should be given exemption from compulsory education laws, due to practices which were traditional.

Protection of Historical Norms:

• Description: Individual rights are protected by basing on historical legal norms and values.
• Case Law: Korematsu v. United States [1944] - The decision taken by the Court to uphold 'wartime Internment' provided ample arguments as it was based on historical value, and there was plenty of criticism based on it, as it did not take proper care of individual rights.

Incremental Reforms:

• Description: Legal reforms should be incremental, cautious, and made in respect of historical backdrop and cultural values.
• Case Law: Romer v Evans [1996] – The Court struck down a constitutional amendment that had declared protections for LGBTQ+ members and left unsettled the issue of incremental reform enacted on changing social values.

Philosophical School of Law

Philosophy of law deals with the underlying principles behind the laws and the ethical considerations that those laws inhere. Simply put, philosophy of law is an inquiry into what is law, justice, and morality in explicating the compatibility of legal principles with global philosophy; it identifies the interrelation of the law with moral values and ethical considerations in the formation of the legal norms.

Basic Principles and Features:

• Law as a Moral Enterprise: The philosophical approach regards law to be very closely related and attached with considerations of morality and ethics. It insists that the legal order must embody and secure justice and morals.
• Emphasis on Justice and Fairness: The philosophical jurists always put emphasis on the eminence of the goals of justice and fairness in legal systems. They also insist that whether the laws are acceptable and interpretable lies upon logical decisions about their potential to foster ethical and moral standards.
• Exploration of the various theories of ethics: The various schools of thought that are brought out by this philosophical school concerning ethical theories, from utilitarianism, deontology, virtue ethics, among others, as a way of setting out how these inform principles and practices of law.

Principal Thinkers:

• Plato: Plato's works on justice and law form part of the foundation that is characteristic of the philosophical approach. In The Republic, Plato postulates on an inquiry into the nature of justice and the ideal legal system, arguing that the laws should be embodiments of the quest for the realization of justice and the common good.
• Aristotle: Aristotelian natural law, and theory of justice is part of the planks on which the philosophical school lies. In the Nicomachean Ethics, Aristotle writes on how important virtue and good character is for understanding the principles of justice and legality.
• John Rawls: Rawls's theory of justice—the theory that he develops in A Theory of Justice—holds that the principles of justice are those which persons would choose to govern their conduct while in an original position behind a veil of ignorance. His approach focuses on fairness and the necessity for laws to reflect principles of justice and equality.

Sources of Law:

• Moral Philosophy: Moral philosophy is the base of ethical assumptions of legal principles. Philosophically theories regarding just and ethics and morality are used to form laws and defining laws.
• Natural Law: Natural law theory suggests universality in law regarding naturalistic morals and reasons. According to this view, there exist lead values of morals which must be followed by the legal system.
• Ethical Theories: These govern legal analyses of several principles and practices of law by determining the grounds of the moral values present in these frameworks, such as utilitarianism and deontology.

Theories:

• Natural Law Theory: Being one of the theories advanced by the ancient philosophers such as Aristotle and Aquinas, has developed a theory which holds that, "law should reflect universal moral principles based upon a deity ultimately creating unavoidable greater goods that outweigh sacrosanct negative actions protected by rights and justice". The theory, also referred to as the natural law theory, argues that laws have an inherent moral element and should be rooted.
• Utilitarianism: From Jeremy Bentham came the highly potent principle underlying the utilitarian approach to law, which aims to provide the greatest happiness to the greatest number. Based on his works and ideas, this ethical theory lays much emphasis on the consequences of the legal rules.
• Deontology: Deontology in the words of Immanuel Kant is the moral duties and principles that are the foundation of any legal system. He stresses on the aspect that irrespective of the results, one should always stick to moral duties and the respect of an individual's rights.

Important Case Laws:

• R v. Dudley and Stephens [1884]: This case represents a philosophical argument on what one would do when one's back is up against the wall. The court considered the moral implications of the accused's acts under the circumstances of necessity and survival.
• Brown v. Board of Education [1954]: This turning-point case reflects the philosophical ethics of justice and equal treatment. The Supreme Court's decision to desegregate all public schools was based on the ethical perspective of the right and moral perspective of the duty to prohibit the vice of offensiveness, in the form of racial discrimination.

Methods or Approaches in Diverse Settings:

• Constitutional Interpretation:
  • Ethical Interpretation: The philosophical approach to the Constitution requires interpreting constitutional provisions by application of ethical principles and moral values, for which judges and scholars consider how the application of legal principles squares with more general conceptions of justice and fairness.
  • Example: In the interpretation of provisions concerned with human rights, a philosophical approach would consider the ethical dimensions of the legal interpretations and the consequences for human dignity and equality.
  • Case Illustration: Obergefell v. Hodges [2015]—the ruling of the U.S. Supreme Court to legalize same-sex marriage was more on the basis of equality and equity.
     
• Interpretation of Statutes:
  • Use of Moral Dimension: This philosophy touches upon the issue as to whether or not the provisions of a statute can sustain the test of morality and ethics. At a practical level, it is decided as to how and in which scope of ethical values a law reacts.
  • Example: Interpretation of laws in respect of the criminal justice system, the theoretical aspect looks at the social, and moral issues of the legal rules and whether they promote justice and fairness.
  • Case Example: In the case of Furman v. Georgia [1972], the Supreme Court of the United States had considered the morality and the social implications of the imposition of the death penalty and whether it is done in a manner that is just.
     
• Judicial Review:
  • Emphasis on Justice and Morality: Judicial review philosophy involves the balancing of laws against their constitutionality. The judges rule and act in favor of those set out to exhibit a sense of justice and morality. Accordingly, the judges decide if the laws in question serve justice and morality.
  • Illustration: In the case of laws with severe fundamental impacts, the philosophical approach would be such that would involve the test of the extent of the laws in question with the set of ethics and justice.
  • Case Example: Marbury v. Madison [1803], where the Supreme Court established the bases of judicial review due to the quest to demonstrate that laws are under the guidelines of the Constitution and leaning to justice.
     
• Law Reform:
  • Ethical Reforms: The jurisprudential approach supports the legal reforms that would reflect the recent socio-value changes and perspicuous moral norms alterations. Reforms are considered as the model of re-synchronization of the law orders with the vitiating laws' principles.
  • Example: Legislative changes, such as gender issues and human rights, reflect the predilection of the philosophical method to entrench rights and justice in legislations.
  • Example Case: Lawrence v. Texas [2003]. In Lawrence, the Court ruled that it should invalidate the anti-same-sex-intimacy statute. It underscores that the current standard of decency and that view of justice constituted relevant constitutional objectives.

Checks on Government's Authority:

• Morals and Ethics:
  • Due Process: There exist certain moral and ethical standards that place a limitation on the government's exercise of authority to avoid acting contrary to justice or immoral decisions.
  • Case Law: Lawrence v. Texas [2003]-the Supreme Court held that the criminal prohibition imposed by Texas on same-sex sexual conduct violates an individual's moral and ethical rights and personal liberty under the due process clause of the Fourteenth Amendment.
     
• Rational Justification:
  • Description: Government actions are required to be justified under the rule of reason and morality to steer clear of arbitrary and unjust measures.
  • Case Law: Obergefell v. Hodges [2015]—The Court based its decision on the right of same-sex persons to marry upon some rational arguments on the grounds of equality and personal freedom.
     
• Individual Autonomy:
  • Description: Government should respect individual autonomy and personal freedoms, and its laws should not violate personal beliefs.
  • Case: Griswold v. Connecticut [1965]: The Court recognized the right to some form of privacy within the marriage, which in its turn respected the autonomy of the individual and his or her free choice.
     
  • Principle of Justice:
    Description: Government policies should be able to be justified under broader philosophical principles of justice, guarding against arbitrary or intolerable actions.
    Case Law: Brown v. Board of Education [1954] - Court held that principles of justice and equality compelled decision to end racial segregation.
     
  • Coherent with Ethical Standards:
    Description: The policies of government should be coherent with the ethical norms and principles that are the basis of legal order.
    Case Law: Roe v. Wade [1973] -The decision of the Court held that the right of privacy and personal integrity is within the domain of personal morality reflected by morality of choice and liberty.

Rights of Individuals

1. Autonomy:
   • Definition: A right exertion by a person to make decisions within self-moral or philosophical drives.
   • Case Law: Washington v. Glucksberg [1997] – The decision of the Court about physician-assisted suicide provided an individual a right to a personal decision about life and death and further related to a right and autonomy for a self-performance of the same.
2. Freedom of Conscience:
   • Description: People have the right to their attitude and practice of their moral and philosophical beliefs with no interference by the government.
   • Case Law: Employment Division v. Smith [1990] - A law prohibiting the use of peyote for religious purposes was held up, and the Court balanced the individual right to freedom of conscience against other interests of society.
3. Moral Integrity:
   • Description: A man is entitled to his moralities and principles. He should be safeguarded from such laws structured in a manner that they blatantly contradict those values.
   • Case Law: Burwell v. Hobby Lobby Stores, Inc. [2014] - Here, the Court safeguarded the moral worth of closely held corporations by acknowledging their right to conduct their affairs in accord with their religious faith.
4. Right to Rational Discourse:
   • Description: A man is entitled to rational discourse and discussion over matters of morality and philosophy.
   • Case Law: Citizens United v. FEC [2010] - The Court's ruling on campaign finance demonstrated the importance of free speech and rational discourse in a democratic society.
5. Right to Privacy:
   • Description: Has the right to privacy in personal matters. Government cannot interfere unless it is a compelling interest.
   • Case Law: Carpenter v. United States [2018] - where the Court held that the Government's warrantless acquisition of at least 7 days of cell-site records is a type of Fourth Amendment search, requiring a warrant supported by probable cause.

Sociological School of Law

Sociological School of Law tries to provide an explanation for the interplay of law and society. The approaches that this school endorses are those for understanding the relationship between legal norms and institutions in relation to the existing social structures and practices. It emphasizes the role of social factors as essential elements for legal system shaping and analysis of the legislation effects on social behavior and values.

Principles and Characteristics:

1. Law as a Social Institution: The sociological approach perceives law as a social institution developing to meet social demands at the very first place and incessantly changing through time, essentially dealing with how legal norms and practices are affected by and, on the other hand, affect different kinds of social structures.
2. Social Impact: Sociological jurists also critically analyze the implications of the rules of laws and legal institutions on society. They look at how legal rules and institutions affect social behavior, relationships, and cultural aspects.
3. Empirical Analysis: The sociological school fundamentally upholds the approach of empirical research and data collection towards understanding the relationship between law and society. It is concerned with studying the real world of legal practices and their social implications.

Key Thinkers:

1. Emile Durkheim: Durkheim believed that law is a mechanism for the maintenance of social integration and a masterpiece that reflects the collective conscience of society. His view that law serves to ensure social integration and solidarity among members of society is illustrated by his theory of mechanical and organic solidarity.
2. Max Weber: Weber's work focuses on the rationalization of law and bureaucracy, illustrating how the legal system is a reflection and impact of social structure and the process of rationality in legal institutions.
3. Roscoe Pound: Pound's sociological jurisprudence emphasizes the adaptability of law to social change and needs. He argued that significant legal reforms should be based on a substantial understanding of social conditions and the effects of laws on society.

Sources of Law:

1. Social Practices and Customs: The sociological approach considers social practices and customs as the main sources of law. Laws often develop and stem from the social norms and cultural practices of society.
2. Legislation and Policy: Legislation and policy remain strong sources of law, coinciding with the influence of social factors and responding to societal needs and demands.
3. Judicial Decisions: Judicial decisions address social issues and reflect societal values, shaping and interpreting legal norms.

Theories:

1. Social Function of Law (Durkheim): Durkheim's theory asserts that law is a device for social integration representing the conscience collective of society. He believed that legal norms undergo changes as per changes in social structure and function to maintain social order.
2. Rationalization of Law (Weber): Weber's theory discusses how systems of law reflect social structures and develop into bureaucratically managed legal institutions.
3. Sociological Jurisprudence (Pound): Pound emphasized the adaptation of law to societal changes and demands, advocating for legal reforms based on empirical research of social conditions.

Landmark Case Laws:

1. Brown v. Board of Education [1954]: This case exemplifies the sociological approach by addressing the social impact of segregation and the need for legal reform to achieve social justice and equality.
2. Gideon v. Wainwright [1963]: This case highlights the sociological perspective on the right to legal representation, access to justice, and social equality.

 

Approaches Under the Given Conditions:

1. Constitutional Interpretation:
   • Sociological Interpretation: The sociological approach is based on the interpretivism of the constitutional provisions on the basis of their impact on and orientation toward social values. The judges take into consideration the impacts of legal principles on social structure and relationships.
   • Example: Regarding the constitution provisions on social rights, the sociological approach would examine the consequence of legal interpretation on social justice and equality.
   • Case Example: Vishaka v. State of Rajasthan [1997] – The Supreme Court used this method when it observed that the question of sexual harassment at the workplace was a social problem and sought legislative protection.
2. Statutory Interpretation:
   • Social Context: Sociological method has been used to imply the approach since the provisions in the statutes would have an interpretation considering the social impact and needs of society. This approach gives judges an opportunity to understand how the laws have solved the social problems in question and what values have been indicated by the decisions in point.
   • Instance: Interpretation of family laws – the sociological approach would consider the impact of the legal rules on family relationships and social norms.
   • Case Illustration: Shayara Bano v. Union of India [2017] – The Supreme Court considered the social consequences the practice of instant triple talaq had on gender equality.
3. Judicial Review:
   • Focus on Social Impact: In a sociological approach toward judicial review, the appraising nature of laws that are under consideration regarding their constitutionality will be based on the degree of their impact on and relation to society and its values. The judges are required to consider that these laws operate within social structures and relationships that people uphold.
   • Illustration: In appraising laws from a social justice perspective, the sociological method will be interested in how the legal norms meet the needs vis-a-vis social cohesiveness.
   • Case Example: Obergefell v. Hodges [2015] – The US Supreme Court's decision legalizing same-sex marriage was influenced by the social impact of legal recognition and the ideals of equality.
4. Legal Reform:
   • Impact of Social Change: The sociological observation adopts changes and reforms in the legal system to be in synchronization with social and personal concerns and changes therein within social value systems. Reforms are thus seen as a way to integrate legal system models with the changing requirements or social needs and expectations.
   • Example: Legal transformation of issues handling family abuse and discrimination embodies the sociological approach toward the achievement of social evil elimination and justice.
   • Case Example: Rajbala v. State of Haryana [2016] – An appeal was made to the Supreme Court to declare its verdict regarding the constitutional validity of reservation at the step of promotion, which concerned social and historical conditions.

Restrictions on Government Authority:

1. Social Responsibility:
   • Description: The government's hand is forced because it has to adhere to society's needs and concerns to maintain its support, ensuring that laws reflect social values.
   • Case Law: Miller v. California [1973] – In framing its decision on obscenity law, the Court took into account the benchmarks and values prevalent across society, meaning that even legal standards must have societal accountability.
2. Empirical Evidence:
   • Description: The government needs to act based on empirical data and research, avoiding the formulation of policies that are not applicable through social data.
   • Case Law: Gregg v. Georgia [1976] – The Court's decision regarding how the death penalty should be imposed highlighted the need for empirical data and procedural safeguards for proper adherence to the death penalty.
3. Social Impact Assessment:
   • Definition: The law requires that government actions be tested for their impact on society to confirm that their implementation does not disrupt social order.
   • Case Law: Harris v. McRae [1980] – It looked into the impact that Medicaid funding for abortion limitations had on society, determining the general impact of the said policies.
4. Integration into the Social Fabric:
   • Definition: It is necessary for the state to ensure that laws are integrated with existing social norms and practices to increase cohesiveness.
   • Case Law: Romer v. Evans [1996] – The Court struck down a state constitutional provision that was fundamentally based on anti-gay discrimination, illustrating that laws must respond to changes in social ethos.
5. Social Accountability:
   • Explanation: The state must be accountable to shifts in public perception and ethics, ensuring that social realities and contextually valid realities are reflected in the laws implemented by it.
   • Case Law: Lawrence v. Texas [2003] – The Court's overturning of the criminal provision against same-sex conduct was a response to an ever-changing global audience and their perspective toward sexuality.

Rights to People:

1. Right to Social Justice:
   • Description: People are entitled to have laws and be governed by policies that are just and promote social justice, providing an end to social injustices and insufficiencies.
   • Case Law: United States v. Windsor [2013] – The Court's act of wiping out the operation of The Defense of Marriage Act (DOMA) was an act that accommodated social justice and recognized the equivalence of same-sex marriages.
2. Right of Participation:
   • Explanation: People are given the right to partake in any manner possible in the law and policy formulation of the government, which may affect their life.
   • Case Law: Shelby County v. Holder [2013] – The Court's decision on voting rights came to symbolize the worth of single participation in democratic exercises.
3. Right to Fair Procedures:
   • Explanation: To treat a person fairly and in the proper manner under the law, with laws designed to promote the social good.
   • Case Law: Brown v. Board of Education [1954] – The Court's elimination of racial segregation in schools reinstated the right to decent and equal treatment.
4. Access to Basic Needs:
   • Description: Social equity entitles a person to access basic needs that serve human beings, such as education, healthcare, and housing.
   • Case Law: Rodriguez v. San Antonio Independent School District [1973] – The Court's ruling contextualized the concerns pertaining to educational disparities underlying the right to quality education.
5. Social Inclusion:
   • Description: Entitlements of persons to be included and treated charitably in the social fabric evoke a sense of inclusiveness.
   • Case Law: Obergefell v. Hodges [2015] – The Court's ruling on the scope of marriage equality ushered in the dimension of social inclusion and endowed appropriate rights to the LGBTQ+ community.

Realistic School of Law:

The Realistic School of Law, or legal realism, focuses on the practice of law in real life and its actual effects on laws and rules. Abstract theories of law are tackled, and the approach inspects the application of law in reality. Realistic jurists argue that court decisions should be guided by social, economic, and practical realities of legal circumstances.  

Fundamental and Features:

• Law in Action: Realistic jurisprudence is specifically concerned with how law is applied in life, and its adherents have no theoretical ideas. They will, therefore, analyze how legal rules operate in life and what the practical effects of judicial decisions can be.
• Judicial Behavior: This approach concerns itself with the study of the behavior and decision-making processes of the judges and other players in the legal procedure. The realistic school insists that judicial decisions be seen in their contextual web of social, economic, and political surroundings.
• Empirical Analysis: It is indeed believed that empirical research and data are used by the realistic school to study the operation of legal systems. This would, therefore, include the analysis of real-world legal practice and its impacts on society.

Key Thinkers:

• Oliver Wendell Holmes, Jr.: In Holmes, the pragmatism is very core to legal realism. He insisted that the law should be understood by its practical consequences and actual experiences of legal actors. His famous dictum, "The life of the law has not been logic; it has been experience," reflects his concern for the application of legal principles in real life.
• Karl Llewellyn: One of the important contributions of Llewellyn to legal realism was his obsession with the difference between rules and their actual implementation. He said, what is done and how it is done is law, which simply means that law should be looked into per se as per its practical effects with their real-world context.
• Jerome Frank: Frank's contribution to legal realism lays emphasis on the exercise of judicial discretion and personal prejudices in the process of making legal decisions. He opined that legal decisions often reflect the personal experience and understanding of a judge.

Sources of Law:

• Legal practice: From courts to any other legal institutions and administrative bodies, the practical approach is of the view that its practical application of legal provisions. Even legal practices apply under particular legal provisions as gauged in real.
• Empirical Data: Empirical data and research on legal practices and outcomes are an important source of information in the realistic approach. Such data, thereafter helps in understanding the practical implications arising from legal rules and decisions.

Theories:

• Legal Realism (Holmes): In the theory by Holmes on legal realism, he bases his argument on a fact that law has to be understood regarding its practical consequences and experiences in real life. He argued that social and economic factors shape legal principles and, therefore, should be analyzed in context in their application.
• Critical Legal Studies: After being highly influenced by legal realism, CLS is an attack on traditional legal doctrines and gives more prominence to the part played by power and social factors in legal rules making. It says law is not neutral but sociably, economically, or political force.
• Pragmatism (Llewellyn): In applying this to law, Llewellyn adopted pragmatism. The theory he formulated deals with the concrete effects of rules of law and adjudications. It is, therefore preoccupied with the need to interpret law in lines of its response to reality and the pragmatic results of legal doctrines.

Landmark Case Laws:

• Brown v. Board of Education [1954]: This case represents the realistic approach because it addresses the practical impact of separation on education and whether the implementation of legal reforms becomes a necessity for social justice.
• Griswold v. Connecticut [1965]: This case also depicts the realistic viewpoint about individual privacy and reproduction freedom. It creates a focus on the effects that the rules have in practice on personal autonomy and personal freedom.

Different Methods in a Variety of Contexts

Approaches under different situations:

• Reading the Constitution:
  • Realistic Reading: This approach to reading calls for the interpreting of constitutional provisions based on the pragmatic effect derived from them or what the provisions will unfold within the real situation. Judges consider how the doctrines of the law operate in principle during practice and their societal effects.
  • Illustration: When interpreting constitutional provisions that are based on individual rights, the realistic reading would look at the real-life effects of the operation of principles of law on personal freedom.
  • Case Example: The judgement by the U.S. Supreme Court in the case of Roe v. Wade [1973] had an impact due to practicality and the consequence of the decision on abortion for individual self-management.
• Statutory Interpretation:
  • Practical Consequences: Realistic approach involves interpretation of the provisions of the statutes with respect to the practical consequences and the way it operates in the real world. This approach of interpretation has to keep in mind as to how the laws actually operate in the community and what is the real consequences of these acts.
  • Example: With criminal justice-related statutes, to be realistic, one would study whether legal rules produce any real-world effects, such as whether the rules lead to reductions in crime.
  • Case Example: Miranda v. Arizona [1966] where a Supreme Court's ruling on rights of suspects during questioning was influenced by practical considerations for the effective investigation of crime, tempered with concerns for individual rights.
• Judicial Review:
  • Focus on Practical Impact: The realistic approach to judicial review involves an assessment of the constitutionality of laws by the practical impact and effects felt in the real world. The judges consider how the laws work in practice, what their implications for society are, etc.
  • Case Example: Bush v. Gore [2000], by the end of which it was clear that the planning and principles to be used by the Supreme Court in their ruling on the circumstances under which the Florida recount had to be stopped hinged on practical issues and the significance for the electoral process.
• Legal Reform:
  • Responsive to Practical Needs: The realistic approach leads to favoring legal reforms that fulfill practical needs and are a reflection of actual situations. Reforms are seen as a way through which the efficiency and impact of legal regimes are upgraded.
  • Example: Legal reforms touching on criminal justice reform and access to legal services are a reflection of the emphasis on the realistic approach to practical solutions and improvement in the working of legal systems.
  • Case Example: Lujan v. Defenders of Wildlife [1992], where practical considerations about the impact on legal rights and remedies in respect of environmental protection impacted the judgment of the Supreme Court on the issue of standing.

 

Limitations on Governmental Power:

1. Empirical Test:
   • Description: Government actions must be tested in empirical terms and must be practical, and cannot be based on idealistic or impractical laws.
   • Case Law: Poe v. Ullman [1961] - The Court declined to give a judgment in a birth control case. It was destined to illustrate practical considerations and the use of empirical evidence in making laws relating to feasibility.
2. Feasibility and Practicality:
   • Description: Laws or actions by governments must be feasible and practical to implement by avoiding measures that are impractical or failures cannot be enforced.
   • Case Law: Plessy v. Ferguson [1896] - The ruling of the Court that was in favor of racial segregation as a practical stance but contradictory to legal norms and, as history tells, later changed via Brown v. Board of Education [1954].
3. Practical Accommodation of Social Realities:
   • Description: The government is under necessity to accommodate laws to the social realities and practical needs, not by abstract principles.
4. Instrumentalism:
   • Description: Government laws and policies should sponsor practical results and benefit the people through the solution of realistic problems.
   • Case Law: Baker v. Carr [1962] - The Court solved the problems dealing with the distribution of legislatures or judicial power and is more concerned with practical ecology of such problems.
5. Discard Conceptual Perfection:
   • Description: The government needs to stay away from such legislations that idealize at an abstract level but miss out on the practicality of its implementation.
   • Case Law: Bush v. Gore [2000] - The Court's decision was sought to arrive at solving a practical problem as evident in the Florida recount by dealing with issues of feasibility and real-world impact rather than acting in accordance with an abstract principle.

Rights of Individuals:

1. Practical Rights:
   • Description: It relates to an individual's rights over any form of legal protection will be practical and pertain to worldly issues.
   • Case Law: Kelo v. City of New London [2005] - The Court weighed property rights and realistic considerations of eminent domain against those of urban development.
2. Realistic Expectations:
   • Description: Everyone is allowed to have a candid expectation about the protections of the law and governmental abilities.
   • Case Law: Roper v. Simmons [2005] - The Court held that the killing penalty cannot be used when juveniles are being addressed since this was included among the realistic expectations concerning decency and changing standards of society.
3. Access to Effective Redress:
   • Description: Everybody has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
   • Case Law: Hernandez v. Texas [1954] - What was at stake here were instances of jury discrimination. It particularly elaborated on the availability of an effective remedy for the so-called weaker sections of society.
4. Avoidance of Ineffectual Legislation:
   • Description: The legislature must avoid making laws which are ineffectual or futile to meet the practical challenges.
   • Case Law: City of Boerne v. Flores [1997] - A case in which the Court was to deal with the extent of congressional powers in enforcing civil rights laws, concentrating on effective practicality and limitations.

The School of Natural Law:

The Natural Law School of legal theory perceives that the law itself has a direct relationship with morality and universal principles of justice. The latter ones are discovered in nature or through the means of reason or even in terms of divine order. This school notoriously states that human laws should mirror such moral standards if real justice is to be attained. According to the natural law theory, there are specific fundamental moral truths and principles from which a legal system should be built up, and anything less or even different in kind from that general natural law perspective fails to earn the right of validity in the point of view of human laws.

Key Thinkers:

• Aristotle: The basis of natural law theory can be attributed to Aristotle. According to Aristotle in Nicomachean Ethics, the right or highest good is the development of human nature through virtuous living, which is thereby a part of his conception of natural justice.
• Thomas Aquinas: Aquinas expounded on this further by working out a natural law theory that is very detailed and comprehensive in his Summa Theologica. He believes that law is broken into natural and divine, and the natural law can be comprehended by the human mind. In his opinion, human laws are derived from natural laws and humans should be supplemented with divine and natural laws.
• John Finnis: In his contemporary view of natural law expressed through Natural Law and Natural Rights, Finnis states that natural law is made up of simple, vital goods paramount to human welfare. He concludes that a legal system should facilitate the promotion of those goods in order to satisfy justice.

Sources of Law:

• Natural Law: The first and foremost source of law, according to natural law theory, was that moral order which exists in nature itself. These laws were discovered by reason and were taken as universally applied.
• Divine Law: Some definitions of natural law propound that according to Aquinas, divine law is such a source of natural law. The divine law is revealed from a higher power and provides moral guidance on what the human law should follow.
• Human Reason: Human reason presents itself as a crucial source to understand natural law. Through the use of rational thought and reflection, one is able to see principles related to natural justice and the application of such precepts within legal systems.

Theories:

• Classical Natural Law Theory (Aristotle, Aquinas): This theory states that natural law is derived from the nature of human beings and the universe. Laws are only just when they reflect the moral order existing in nature and reason. Classical natural lawyers regard the connection between human nature, moral values, and legal principles as central to their position.
• Modern Natural Law Theory (Finnis): Modern natural law focuses on basic goods pertinent to human well-being and flourishing. Finnis points out that a law must aim to promote those goods, such as life, friendship, and articulates. This theory is practical and relates to the capacity of law to make human flourishing achievable.

Important Case Laws:

• Roe v. Wade [1973]: Case law revealing natural law's elements by its arguments on both the right to privacy and the independence of the individual. This case was decided by adjudging the merits of natural law propounded in the form of arguments on personal rights and morality.
• Lawrence v. Texas [2003]: This case concerned the decriminalization of gay sex. The judgment delivered by the Court was grounded in natural law in the sphere of personal autonomy and individual freedom from state-sponsored moralism. The verdict underscored the demand for legalism on the platform of fundamental human rights.

Varying Approaches for Different Situations

1. Interpretation of the Constitution:
   • Natural Law Interpretation: Natural law interpretation of the constitution requires understanding the provisions of the constitution bearing in mind universal moral principles and natural justice. The judges read whether legal principles are in line with moral truth and human rights.
   • Example: The provisions related to fundamental rights. A judge interprets such provisions to mirror moral principles and natural justice.
   • Case Example: Obergefell v. Hodges [2015], where marriage among a same-sex couple was allowed, was conducted on the grounds of equality and natural justice.
      
2. Interpretation of Statute:
   • In context to Natural Principles: The role of the natural law approach in the interpretation of statutes is to find out if the provision of a statute, as it stands, infringes a particular cause resting on a moral premise, which is universal and of assistance from natural justice. It brings the laws in terms with the expression of morality and the achievement of justice.
   • Illustration: In human rights jurisprudence, natural law jurisprudence would follow to adjudicate whether legislations are framed to promote the fundamental and basic moral values and justice.
   • Case Illustration: Brown v. Board of Education [1954], where the principle of equality and natural justice played a stellar role, and the Supreme Court ended racial segregation.
      
3. Judicial Review
   • Focus on Morality: The approach of the natural law theory towards judicial review puts the laws to 'test' by questioning whether such laws are in harmony with the natural moral precepts and justice. Judges.
      would consider more so whether such laws would reflect the basic moral truths and foster justice.
   • Illustration: In scrutinizing laws affecting fundamental rights, the natural law theory would see if the laws harmonize with international moral standards and human dignity.
   • Case Example: Gonzales v. Carhart [2007], the judgment of the Supreme Court on the regulation of the procedure of abortion, is based on moral principles and natural justice.
      
4. Legal Reform:
   • Maintenance of Moral Principles: Reform in the law, which remains the core discussion of natural law theory, is justified by the imposition of general moral principles and justice. Therefore, reform is imaged as the means of optimizing the legal system of law towards natural law and enhancing morals and ethics.
   • Illustration: Legal reforms concerning human rights and those related to social justice bear a close resemblance to the natural law approach to making laws according to morality and propounding justice.
   • Case Example: Roe v. Wade [1973], whereby the Supreme Court allowed the existence of a fundamental right to privacy. This was highly influenced by the elements of morality and natural justice within the subject matter.

Limits of Government Power:

1. Need to Observe Moral Principles:
   • Descriptive: The power of government is limited by the need to act under the universal moral principles of natural law. Actions and laws have to agree with moral norms considered to live within human nature and reason.
   • Case Law: Nuremberg Trials (1945-1946) - The trials highlighted the principle that some acts, such as war crimes and genocide, are simply heinous and therefore beyond the capacity of any type of government to legitimize, thereby showing that state power must be curtailed when it violates basic moral imperatives.
      
2. Natural Rights Respected:
   • Definition: Governments must respect the natural rights - life, liberty, and property - that are unalienable and that inure pursuant to natural law.
   • Case Law: Marbury v. Madison [1803] - Although not directly about natural rights, the case laid the ground for the doctrine of judicial review, which provided for the check that governmental acts do not violate the basic tenets of justice and fundamental rights.
      
3. Restrictions placed by human dignity:
   • Description: Government has to function within the parameters of human dignity, for it is inherent in natural law that the dignity of each individual is inviolable.
   • Case Law: Roe v. Wade [1973] - By its decision, the court recognized the right of a woman to her privacy and body; hence, it is in tandem with the natural law principle respecting human dignity and personal choice.
      
4. Principle of Justice and Fairness:
   • Description: Governmental actions must be just and fair, adhering to principles of justice which are considered to be part of the natural order.
   • Case Law: Brown v. Board of Education [1954] - The Court's decision to halt the segregation in schools on the basis of race was constructed upon equal justice where natural law gives prominence to justice with respect to equity.
      
5. Prescriptive Limitations of Positive Law:
   • Description: The positive laws – laws made by the governments - must not resist or counteract the salient units of the natural law. Any such law which opposes the rights of nature or morals is unlawful.
   • Case Law: Loving v. Virginia [1967] - The Court quashed the laws relating to anti-miscegenation on the strength of a plea that these go contrary to the principles of natural justice and equality.

Rights of Individuals:

1. Inalienable Rights:
   • Definition: Natural justice, on which natural law is based, confers on an individual inalienable natural rights which the person is not allowed to renounce, sell, and cease to exercise. These are the right of a person to life.
   • Case Law: Declaration of Independence (1776)-While not a case decided by a court, the Declaration proclaims inalienable rights as a fundamental principle underlying American law.
      
2. Right to Moral Freedom:
   • Description: An individual is entitled to do what the autonomous agent decides within his or her conscience so long as exercising such rights does not interfere with the rights of others.
   • Case Law: Free Exercise Clause of the First Amendment - Protection of religious freedom under the Constitution is an expression of natural law dictating that people should be allowed to follow their moral and religious beliefs.
      
3. Right to Equality and Justice:
   • Description: Every person is to be treated alike, that every person should be extended equal rights and justice as per law and be treated equitably, as natural law is based on considerations of justice and equality.
   • Case Law: Obergefell v. Hodges [2015] - The Court's ruling in favor of gay marriage traced its justification in equities and justice, reminiscent of the natural law's rule that all men must be treated fairly.
      
4. Right to Personal Autonomy:
   • Description: "Respects individuals and permits them to make decisions about themselves which may be personal in nature or may be moral."
   • Case Law: Washington v. Glucksberg [1997] - This case epitomizes creative tension as the verdict of the Court takes a stand for two things - affirming the enforcement of the prohibition of physician-assisted suicide while at the same time encouraging the recognition of patients' right to personal autonomy.
      
5. Right to Be Free from Arbitrary Authority:
   • Description: One is to protect an individual against arbitrary and unfair actions of the government that intrude upon his or her natural rights or against the principles of morality.
   • Judicial Case: Korematsu v. United States [1944] - Although the decision upheld wartime confinement, the very fact that this case has faced criticism later highlights that governmental acts must be in accordance with natural justice and cannot be subjected to arbitrary or unfair processes.

Summary and Integration with Other Schools:

• Analytical School: This school focuses on the clarity and preciseness of legal rules. It means that government action needs to be according to certain established legal principles rather than just arbitrary decisions. Natural law complements this by providing a moral foundation for why those legal principles should be upheld.
   
• Historical School: This emphasizes historical continuity and respect for past legal traditions. Here, natural law also finds contradiction in that it is said to hold some moral principles never to change with time and therefore to be the guide to development in legal norms, not just about the historical precedent.
   
• The Philosophical School: Both are committed to principles of morality, but natural law is grounded more concretely in the claim that certain rights and duties are based in human nature. Philosophical jurisprudence can assay more expansive theories of morality.
   
• Sociological School: This is concerned with the practical implicational and social impacts of laws. Natural law critique insists that social practices need to be judged against universal moral standards and to ensure that the law does not only meet practical needs but is based on basic principles of justice.
   
• Practical School: Emphasizes realistic, practical, empirical considerations of the law. Natural law combats this by saying moral dictates should lead to practical considerations, and so the laws would thus not only be effective but also just and fair by the standards of the natural law.

References:

• Paranjape, N. V. (2020). Studies in jurisprudence & legal theory (3rd ed.). Central Law Agency.
• Myneni, S. R. (2020). Jurisprudence (Legal theory) (3rd ed.). Asia Law House.
• Mahajan, V. D. (2016). Jurisprudence and legal theory (5th ed.). Eastern Book Company.
• Saurabh, P. (2023). Understanding schools of jurisprudence [PDF]. JETIR. Retrieved from https://www.jetir.org/papers/JETIREW06083.pdf
• University of Kashmir. (n.d.). Schools of jurisprudence [PDF]. Retrieved from https://law.uok.edu.in/Files//Custom/16.SchoolsofJurisprudence.pdf