Supr emeCour tonr a t i od e c i d e n d i hr eeT es t st odet er mi ner a t i od e c i d e n d i E. T eg al Conc e pt s 5. L heor i esofJ ur i s t i cPer s onal i t y 6. T hool sofJ ur i s pr udent i al Thought 7. Sc D.
Na"ure and Sc!pe !f Jurisprudence What is Jurisprudence? "here is no universal or uniform definition of Jurisprudence since people have different ideologies and notions throughout the world# $t is a very vast su%ject# &hen an author tals a%out political conditions of his society' it reflects that condition of law prevailing at that time in that particular society# $t is %elieved that Romans were the first who started to study what is law# Jurisprudence( )atin word ‘Jurisprudentia’ ( *nowledge of )aw or Sill in )aw# (+ost of our law has %een taen from ,ommon )aw System# (-entham is nown as Father of Jurisprudence# Austin too his wor further# -entham was the first one to analyse what is law# He divided his study into two parts! .# Examination of )aw as it is( Expositorial Approach( ,ommand of Sovereign# /# Examination of )aw as it ought to %e( Censorial Approach( +orality of )aw# However' Austin stuc to the idea that law is command of sovereign# "he structure of English )egal System remained with the formal analysis of law 0Expositorial1 and never %ecame what it ought to %e 0,ensorial1# J# Stone also tried to define Jurisprudence# He said that it is a lawyer’s extraversion # He further said that it is a lawyer2s examination of the percept' ideas and techni3ues of law in the light derived from present nowledge in disciplines other than the law#
"hus' we see that there can %e no goodness or %adness in law# )aw is made %y the State so there could %e nothing good or %ad a%out it# Jurisprudence is nothing %ut the science of law#
