JURISPRUDENCE
INTRODUCTION: The English term is based on the Latin word jurisprudentia: juris is the genitive form of jus
meaning
"law",
and
English in
1628, at
"knowledge
of
prudentia
a time when
or
skill
in
jurisprudence
is
jurisprudence, The
a
"knowledge".
the word
matter".
knowledge
The
prudence
had
word
may
The
which
word
means
means
word
attested
in
the now obsolete meaning
of
have
is
derived
of law or skill
from
is
first
come
via
the
French
attested
the
latin
word
in the law.jurisprudence
earlier.
"JURISPRUDENTIA"
which
is a study of the fundamfntal
legal principles.it may be described as any thought or writing about law.it is a procedure or
a
concept
Philosophers
to
law
Jurisprudence
is
philosophers,
hope
reasoning,
understand
of the
legal
ask
theory
to
essential is
and
obtain
systems
the "what
philosophy
a
and
deeper
of
legal
principles law?"
of
law.
understanding
institutions.
of
and
law
and
legal
"what
should
Scholars
of
jurisprudence,
of
nature
the
Modern
of
jurisprudence
law,
began
system. it
in
be?"
or
legal
of
legal
the
18th
century and was focused on the first principles of the law of nature, civil law, and the law of
nations.General
questions
scholars
thought
regarding
philosophy
of
Jurisprudence seek
to
be
address
how
law,
can
those
which
broken
and
by
the
questions
deals
with
into
categories
theories
are
best
general
of to
both
by
the
jurisprudence be
jurisprudence,
or
answered.
addresses
types
of
schools
of
Contemporary
problems
in
two
rough groups: •
Problems internal to law and legal systems as such. •
Problems of law as a particular social institution as it relates to the larger political and social situation in which it exists.
MEANING :In
English
jurisprudence
we
are
concerned
rather
to
reflect
on
the
nature
system,on the underlying meaning of legal concepts and on the essential features system.we
need
Jurispridence
english
is
abstract,general
a
and
jurisprudence
certain
type
theorretical
nature
to
of
analysis
investigation
which
seeks
the into
to
lay
basic law,an
bare
concept
of
of legal of
investigation
the
essential
legal law.
of
principles
an of
law and legal systems.It is a subject which differs in kind from other subjects on the legal syllabus.For principles
the to
typical
be
derived
order
subject,e.g
from
contrast,does
and
constitute
of legal
we are not concerned concepts
source
Tort,consist and
and
on
the
of
applied
to
a
set factual
of
set
of
rules,is
not
and in
problems. derived
from
practical
to derive rules
rules
situations
practical a
without
problems,we are concerned rather to reflect meaning
or
solve not
is jurisprudence
Contract
authoritative
to
Jurisprudence,by In
legal
authority application.
from authority and apply
them
to
on the nature of legal rules,on the underlying
essential
features
of legal
system.Thus,where
as
in
law we look for the rule relevent to the given situations,in jurisprudence we ask what it is for a rule to be a legal rule,and what distinguishes law from morality,etiquette and other related.
The
word
"Jurisprudence"has
Jurisprudence
is
not
meant
many
practical
different
value,albiet
things
of
at
a
different
long-term
times. character.
One of the task of jurisprudence is to construct and elucidate organising concepts serving to render the complexities of law more manageable and more rational,and in tle his way theory Leagal
can system
is
help
understandable
to
by
improve
jurisprudence.The
term
practice.
jurisprudence
may
tentetvely
be described as any thought or writing about law and its relation to other disciplines such as
philosphy,psychology,economics,anthropology
and
many
others.
Jurisprudence is a science of law and there are different methods of approach to it. DEFINITION’S: 1) SALMOND's DEFINITION:"The Salmond
science defines
Salmond
jurisprudence it
of as"The
is
science
civil of
law"
systematic
or
law"
"Civil
study
law".According
of
to
civilization.
In this definition Salmond says that law is a science and it concern with right and duties belonging
to
every
citizen.
Salmond uses the term jurisprudence in two senses. •
Generic sense. •
specific sense.
GENERIC SENSE:Generic Jurisprudence includes the entire body of legal doctrines.In that sense,jurisprudence is of three kinds. Expoitory or Systematic jurisprudence :It deals with the contents of an actual legal system as existing law at any time,whether in part or in present. Legal History :It deals with the history of development of law. Science of Legislation :The purpose of the science of legislation is to set forth law as it ought is be. It deals with the ideal of the legal system and the purpose for which it exists.
Specific Sense :specific In
this
jurisprudence sense,it
is
also
deals
with
a
particular
defined
as"The
Science
of
the
department first
of
principles
legal of
the
doctrines. civil
law".
In this sense,he divides the subject into three branches.
Analytic
Jurisprudence.
Historical
Jurisprudence.
Ethical Jurisprudence.
ANALYTIC JURISPRUDENCE :-
Analytical
jurisprudence
concerned
with
the
deals
past
with
stages
the
of
its
analysis
of
evolution.It
basic
is
not
principles
concerned
of
with
law.it its
is
not
goodness
or
development
of
badness.The purpose is to analyse and discuss the law of the land as its exists today.
HISTORICAL JURISPRUDENCE.
Historical
jurisprudence
deals
with
the
scientific
principles
study
of
evolution
and
of
Historical
jurisprudence
is
the
history
of
the
law. legal
principles
and
conceptions
of
legal
system.it is a movement for fact against fancy,a call for a return from myth to reality.
ETHICAL JURISPRUDENCE :-
Ethical jurisprudence deals with the law as it ought to be an ideal state.It investigates the purpose of law and the measure and manner in which that purpose is fulfilled.It concerns itself chiefly with the relation of law to certain ideas which law is meant to achieve.
CRITICISM ON SALMOND's DEFINITION :-
It is submitted that salmond had failed to give an accurate and specific definition and also the division made by him of jurisprudence into general and particular raises a great deal of
criticism
as
the
Hollan
observes
that
these
expressions
should
be
discarded,as
the
science should be treated as incapable of being divided in to these two branches.
HOLLAND's DEFINITION :Sir
Thomas
Erskine
Holland
defines
jurisprudence
as
"The
formal
science
of
positive
science.Holland
follows
the
Austin's
means "that which
concerns
law". According and
to
Holland,jurisprudence
is
salmond definition but he adds
not
a
material
the term "formal" which
only the form and not its essence".He says that jurisprudence is only a formal science i.e, a
science
which
describes
only
the
formor
the
external
side
of
the
subject
include
both
and
internal Holland
not
its
contents. metioned
one
negative POSITIVE
thing
more
which
is
both LAW
means
when
positive
law.we
in you
have
to
positive
positive do
something
in
the
concequences
and law.
of
law.
NEGATIVE LAW means when u don't have to do something in the concequences of law.
CRITICISM ON HOLLAND's DEFINITION :By Gray: The real relation of jurisprudence to law depends not what law is treated but how law
is
By
treated. Dr.Jenks:
He observes that jurist can only recognize a law by its forms for it is the form which causes the manifold matter of the phenomena to be percieved but having got the form as it were,on the operating table,has to disect it and assertain its meaning.
Jurisprudence is concerned with means rather than with ends,through some of its mean are ends in themselves.
ALLEN's DEFINITION :-
Allen "It
says: is
According
to
a
scientific
Allen
law
is
synthesis a
proper
and
of
essential
separat
subject.It
principles is
an
of
analytic
or
law". systematic
process to study the essential principles of law.
PATON's DEFINITION :-
Paton
says:
"A particular method of study not of laws of one country but of general Notions of law itself". According to paton it is a proper way to study not only the law of one country but general concepts
and
rules
of
every
country
or
whole
world.
Paton says law is an independent study.
AUSTIN's DEFINITION :-
Austin defines jurisprudence as "The philosphy of positive law means the laid down by a political
superior
Austin
for
controlling
divided
the
conduct
the
of
those
subjects
jurisprudence
i)
to
his
authority.
into
following.
General
jurisprudence.
ii) Particular jurisprudence.
GENERAL JURISPRUDENCE :General jurisprudence includes such subjects or ends of law as are common to all system. PARTICULAR JURISPRUDENCE :Particular jurisprudence is the science of any actual system of law or any portion of it. CRITICISM ON AUSTIN's DEFINITION. SALMOND
CRITICISM
:
The error in Austin's idea of general jurisprudence lies in the fact that he assumes that unless general
a
legal
principal
jurisprudence.
is
common
There
may
to
be
kinds
many
many
legal
systems,
schools
of
it
cannot
jurisprudence
be but
points
within different it.
CRITICISM: out
that
it
is
only
the
material
which
is
particular
and
itself.
not
of
HOLLAND'S Holland
dealt
KEETON DEFINATION :-
" Jurisprudence is the study and systemic arrangement of the general principles of law".
BENEFITS OF JURISPRUDENCE :Jurisprudence is basically a theoretical subject but it also has a practical and educational value. The practical value or purposes of jurisprudence has been enumerated as under.
not
the
science
REMOVE THE COMPLEXITIES OF LAW: One of the task of jurisprudence is to construct concepts and make law more manageable and rational. ANSWER THE NEW PROBLEMS:
Jurisprudence can problems
must
be
teach found
people to look around by
a
consideration
of
them and realize the
present
social
that answers needs
and
not
to legal in
the
wisdom of the past.
GRAMMER OF LAW: Jurisprudence is the grammer of law. It throws light on the basic ideas and the fundamental principles of law e.g. negligence, liability etc. TRAINING OF MIND: Jurisprudence trains the mind to solvethe difficult legal provisions in legal way. GRASP ON THE SUBJECT: It helps in knowing and grasping the language, grammer, the basics of treatment and assumption upon which subject rests. USEFUL IN ART OF PLEADING AND LEGISLATION: It helps legislators and the lawyers the proper use of legal terminology. It relieves them of the
botheration,
creation
of
defining
again
and
again
certain
expressions
e.g.
right,
duty
etc TO INTERPRET LAW: It helps the judges and the lawyers in ascertaining the true meanings of the law passed by the legislatures by providing the rules of interpretation. TO STUDY FOREIGN LAW: It enable a lawyer to study foreign law because the fundamental principles are generally common to all systems of law. IMPORTANCE UNDER THE LIGHT OF DIFFERENT JURISTS: By Dr.M.J.Sethna:
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