Ll.b i j1 u 1 nature scope & introduction

Introduction to JurisprudenceCourse-LL.B-I

Subject: Jurisprudence IUnit-I

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Prudentia

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Literal Meaning:

Juris

Jurisprudence Derived from Two Latin Words

• Law

• Wisdom,• Knowledge• Philosophy,

OR• Science

What is Jurisprudence?An Introduction

Jurisprudence

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Literal Meaning:

means


Hence

Wisdom of Law

Knowledge of Law

Philosophy of Law

O R

O R

O R

Science of Law

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Key Terms in Understanding Definition of Jurisprudence:

Science

Philosophy

Law

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Science Knowledge gained through a systematic study, is called science

Systematic Study means, a Study consisted of;

Deduction

Experiment

Hypothesis

Observation

What is JurisprudenceAn Introduction

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Philosophy Derived from two Latin words

PHILOSOPHY

Philo

Means ‘love’

Sophy

Means Wisdom or knowledge

Knowledge gained through the application of mind

Examining the basic concepts such as ‘truth’, ‘existence’ ‘soul’, ‘hereinafter life’ etc.


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Law A set of rules and regulations that

regulates human behaviour in societies It determines human conduct and

regulates it. The subject-matter of Jurisprudence is

Law There are different types of Law and

the jurists are debating as to which type is the true subject-matter of Jurisprudence


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This Typology of Law is based on the fact that from where Law comes or what is the ultimate source of its recognition (nature).

Hence, it is a broad typology of law

TYPOLOGY OF LAW

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Natural Law. Norms. Reason based

God-made LawTypes of

Law Man-made Law

Physical Law. Chemistry. Physics etc

Divine Law. Religious Law. Scriptures

Positive Law

Moral/Ethical Law

Abstract Law. Fundamental Principles. General Notions

Law of Nature

Concrete Law. Real Law/ Applicable Law. Statutes, Acts, Decisions


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Definition of Jurisprudence There is no uniform definition of Jurisprudence

Reason:

The subject-matter of Jurisprudence is Law

But there is no uniform definition of law.


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Definition By Eminent Jurists:

Ulpian:Classical Concept

“The observation of things human and divine, the knowledge of just and unjust.”

A celebrated Roman Jurist

Criticism: Being meta-physical in nature its value cannot be evaluated.

The first formal definition of jurisprudence. In the contemporaneous socio-political setups he had given

the best definition.


(170 AD - 228 AD)

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John Austin:

“Jurisprudence is the Philosophy of Positive Law.”

Criticism: The terms ‘Philosophy’ and ‘Positive Law’ are misleading

He lived in circumstances when Europe was witnessing changes especially in Politics.

He separated the meta-physical controversy from legal enterprise

Definition By Eminent Jurists:Classical Concept


(1790 AD - 1859 AD)

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Thomas Erskine Holland:

“Jurisprudence is the formal science of Positive Law.”

The criticism on the term ‘Philosophy’ of Austin definition led Holland to present this definition

It substituted ‘Philosophy’ in Austin definition by ‘Formal Science’.



‘Formal’ means fundamental legal principles

(1835 AD - 1926 AD)

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Salmond:

“The science of the first principles of civil law.”

Science: A systematic intellectual inquiry Civil law: The whole corpus of law applicable in a State By term ‘Law’ Salmond means ‘Positive Law’

‘First Principles’: Fundamental principles



Law: As Administered by Courts

(1862 AD - 1924 AD)

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Keeton:

“Jurisprudence is the study of the systematic arrangement of the general principles of law.”



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Gray:

“The science of law, the statement and systematic arrangement of the rules followed by the Courts and the

principles involved in those rules.”



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Dean Roscoe pound

“The science of social engineering”

Definition By Eminent Jurists:Modern Conception


An idea of giving the most complete security and effect to the whole scheme of human demands and desire which are pressing for recognition, with the least sacrifice, least friction and least waste.

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Classification of Jurisprudence


Jurisprudence was classified by:

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Philosophical

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Censorial Jurisprudence

ExpositorialJurisprudence

Study of Law ‘as it ought to be’

Study of Law ‘as it is’

Bentham’s Classification

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General Jurisprudence

Particular Jurisprudence

Study of Ethical Law (Law ‘as it ought to be)

The study of Positive Law (Law ‘as it is)

Austin’s Classification

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Analytical Jurisprudence

Study of Positive Law (Law ‘as it is)

The study of Ethical Law (Law ‘as it ought to be)

Salmond Classification

Historical Jurisprudence

Philosophical Jurisprudence

The study of Historical Development of Law

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Scope of Jurisprudence According to the most celebrated

view:


Jurisprudence studies Law

Study is analytical/scientific

Law is man-made/positive

It is not discussing the content but the essence of lawBut recently again the jurists like Roscoe Pound and Julius Stone

seem to enhance the scope of Jurisprudence

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Significance or Utility of Jurisprudence


Being an abstract and theoretical science, jurisprudence has a little practical value

Practical value: Master of a Legal System

The eye of Law

The key to legal understanding

Sharpens argumentative capacity

Educational value

References• B.N.M. Tripati : An Introduction to Jurisprudence (Legal Theory)• 1.https://lh5.ggpht.com/

qrJarYaufqnAJVNtOb46OMVgcVXrHgLgPQoyYBtGzqEUUgmFddHh2vQ1QO7fPiYq083P=s153

• http://www.slideshare.net/

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