This Article has been penned down by Pratik Patnaik, a student of Symbiosis Law School, Pune.
In this write-up he tries to justify the significance of Jurisprudence apart from the dreary subject.
Does he succeed in convincing you? Read on.
All those who are doing law and all those who have done it, sure do have a special ‘thing’ for ‘Jurisprudence’, I’m sure.
Here’s my perspective on the subject and how it can be of use as an aide memoire during your internships.
Internships + Jurisprudence= Scandalous? Read on.
1. Natural law – Theory asserts that there are laws that are immanent in nature, to which enacted laws should correspond as closely as possible.
The associate under whom you are interning is the spring of celestial astuteness and understanding.
Your thinking, likes, dislikes and habits should conform to his.
He is the transcendent law giver, you should give-in!
2. Legal Positivism – It says that the law is the command of the sovereign backed by the threat of punishment.
You may have been Che Guevera in your High School days, but in internships do not act smart with your associate’s commands, as we know they are followed by ‘Sanctions’.
3. Utilitarianism – Is the view that the laws should be crafted so as to produce the best consequences for the greatest number of people possible.
Your firm and associates very rarely believe in such things as ‘Utilitarianism’.
Their policies are not aimed at ‘summum bonum’ (Highest good) but ‘Summum Malum’(Highest evil).
4. Social contract –Arguments typically posit that individuals have consented, either explicitly or tacitly, to surrender some of their freedoms and submit to the authority of the ruler or magistrate (or to the decision of a majority), in exchange for protection of their remaining rights.
Folks, do not expect your corporate employer to believe in this altruistic idea of the barter of rights and blah blah… For him only the first part applies (that too with modifications).
You have to surrender all your imaginable, possible, foreseeable and comprehensible rights to him and he will suck the last ounce of blood from your already not-so-vigorous post law school frame and won’t give a shit on nickel’s dime about your rights.
5. Pragmatism– This school says ‘do whatever works’.
Do not be enchanted by this gullible, uncomplicated sounding philosophy. While interning or working, DO NOT DO IF YOU THINK IT WORKS! Ask your boss, pass the onus to him. The problem with Pragmatism is ‘IT NEVER WORKS’
6. Leviathanism– Law as a precept, or general rule, found out by reason, by which a man is forbidden to do “such things” which are destructive of his life.
Your list of “such things” in an internship is:
a. Do not grumble to fetch the coffee infinite number of times from the coffee machine.
b. Do not ask to leave the office before your associate/partner does.
c. Refusing to read a 300 page judgment, though he asked on the 11th hour, minutes before you were about to leave office for a nice Friday night movie.
d. You might be extremely cerebral and you may know what exactly is the solution, BUT hold onto your horses, do not speak unless you are asked to when a senior associate is talking!
At the end, something should be very clear to your logic: Whether you like(d) Jurisprudence or not, I’m sure it helped.