Schools of Jurisprudential Thought 1.2 List and describe the schools of judicial thought. The philosophy or science of the law is referred to as jurisprudence. There are several different philosophies about how the law developed, ranging from the classical natural theory to modern theories of law and economics and critical legal studies. Classical legal philosophies are discussed in the following paragraphs. Web Exercise To view court documents related to Brown v. Board of Education, go to www.loc.gov/exhibits/brown/ brown-brown.html. Natural Law School The Natural Law School of jurisprudence postulates that the law is based on what is "correct." Natural law philosophers emphasize a moral theory of law-that is, law should be based on morality and ethics. Natural law is "discovered" by humans through the use of reason and choosing between good and evil. The law is not a series of calculating machines where definitions and answers come tumbling out when the right levers are pushed. William O. Douglas Dissent, A Safeguard of Democracy (1949) Examples Documents such as the U.S. Constitution, the Magna Carta, and the United Nations Charter reflect this theory. Historical School The Historical School of jurisprudence believes that the law is an aggregate of social traditions and customs that have developed over the centuries. It believes that changes in the norms of society will gradually be reflected in the law. To these legal philosophers, the law is an evolutionary process. Example Historical legal scholars look to past legal decisions (precedent) to solve contemporary problems. 7 Analytical School The Analytical School of jurisprudence maintains that the law is shaped by logic. Analytical philosophers believe that results are reached by applying principles of logic to the specific facts of a case. The emphasis is on the logic of the result rather than on how the result is reached. Example If the U.S. Constitution would have freed the slaves or granted females the right to vote, it would not have been ratified by the states in 1788.