Synthetic Jurisprudence

The establishment, sooner or later, of an Indian School of Synthetic Jurisprudence (we would probably have called it “Syncretic” Jurisprudence) was almost a biologic necessity; it was certainly a natural outgrowth of the Indian philosophy of life. From the earliest recorded history of the peoples of the Indian peninsula who later formed themselves into a unified nation, there was manifested a sense of unity in the midst of diversity; as Humayun Kabir calls it, “a sense of Indianess.”

This sense of Indianess grew “in the capacity of Indian society to adjust itself to the challenge of the times India accepted freely, gifts other people brought. The process of synthesis continues to this day.’ Systems of law reflect of necessity the social environment in which they arise and develop.

The Indian School of Synthetic Jurisprudence was founded by Minocher J. Sethna in 1955.  Synthetic Jurisprudence can be defined as a method which is to bring logical analysis of the given juristic materials, the historical development of those materials, the metaphysical or philosophical findings of ideals or principles behind them, the political principles to which they may be referred or which give common direction to juristic and political institutions, as well as the principles of social institutional development and their relation to justice and to political philosophy, as well as a general science of society and social institutions-to bring all this as it were to a common focus upon the problems of jurisprudence in what he calls a synthetic science of law.

Synthetic Jurisprudence describes the object of Jurisprudence as “that of examining the existing law, and the Principles on which it is based, and of analysing its concepts, studied with the help of history, in the light of a comparative study of the legal systems of the world and of testing the utility of the law, studying reasons at its substratum, and examining it in the light of sociology and psychology and under the rules of natural justice and social conscience. . . .Good laws are those which are capable of doing the greatest good to the largest number in society.”

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