Jurisprudence Notes
Meaning of Jurisprudence
The word “jurisprudence” is derived from a latin word juris-prudentia which means knowledge of law.
The latin word juris means – law
and prudentia means knowledge.
Thus jurisprudence signifies knowledge of law and its application.
Definitions of Jurisprudence
Oxford dictionary
‘Jurisprudence’ as the systematic and formulated knowledge or the science of
human law,
Definitions by various jurists
Ulpian a Roman Jurist defines jurisprudence as ”Jurisprudence is the knowledge of things divine and human, the science of just and unjust.”
Cicero defines Jurisprudence as “Jurisprudence is the philosophical aspect of the knowledge of law”.
Austin defines Jurisprudence as the “philosophy of positive law”.
By positive law or jus positivism he means the law laid down by a political superior for controlling the conduct of those subject to his authority
Holland has defined jurisprudence as the “formal science of positive law”.
Salmond defines jurisprudence as “the science of the first principles of the civil law.”
Kant defines jurisprudence as “the science of right.”
Roscoe Pond defines jurisprudence as “the science of law”.
Gray defines jurisprudence as “the science of law, the statement and systematic arrangement of the rules followed by the courts and the principles involved in these rules.”
Allen defines jurisprudence as “the scientific synthesis of the essential principles of law.”
Keeton defines jurisprudence as “Jurisprudence’ is the study and systematic arrangement of the general principles of law.”
Jullius Stone defines jurisprudence as “lawyer’s extraversion.”
Laski defines jurisprudence as “Jurisprudence’ is an eye of law.”
Nature of Jurisprudence
Jurisprudence is an uncodified law. It is not a substantive or procedure law. It clears all concept of law, gives us complete knowledge of basic principles of right, duty, possession, property, remedies etc.
It is an eye of law. It is science according to Austin, Salmond, Holland but it is not a science according to scholars of historical school, It is a social science according to historical scholars.
Scope of Jurisprudence
Jurisprudence binds law to other fields such as psychology, history, politics, economics, philosophy, sociology, science etc.
It includes all concepts of human order, human conduct, relation between psycho & juris in state & society.
It tells us the relationship between the law, culture, man, nature and other social sciences. It deals with legal logic, bodies of law and legal frameworks.
Thus the scope of Jurisprudence is wide & broad.
Difference between Jurisprudence & Legal Theory
Jurisprudence is Knowledge of Law while Legal theory comprises philosophy of law therefore, it seeks to examine and analyse the philosophical content of law.
According to Fitzgerald, “Jurisprudence covers a wider field of study as compared to legal theory.
Jurisprudence involves an investigation of law which is of an abstract general and its theoretical nature while legal Theory is an attempt to answer what is law in order to clarify the most of all legal concepts.
Jurisprudence Notes
What is the importance of Jurisprudence
- The study of Jurisprudence is beneficial for education.
- It gives logical analysis of legal concepts that sharpens the logical technique of a lawyer.
- Jurisprudence can be helpful to the people to find answers to new legal problems. Jurisprudence is the grammar of law. It throws light on the basic ideas and the fundamental principles of law.
- By studying jurisprudence a lawyer can find out the actual rules of law.
FAQs
1. What do you mean by jurisprudence?
- Jurisprudence means knowledge of law and its application, In other words it is the study and philosophy of law. It includes thoughts about the nature of law, its principles and application in society.
2. Why does jurisprudence have so importance?
- Jurisprudence helps us to know the purpose of laws, their moral and ethical basis, and how they effect society. It also helps judges and legislators make fair and reasonable decisions.
3. Is jurisprudence only for lawyers and judges?
- No, jurisprudence isn’t limited to lawyers. Anyone interested in learning about the concepts and philosophies that support the law can study jurisprudence to obtain useful insights into the legal system.
Jurisprudence Notes