Jurisprudence - Meaning & Definitions PDF

AMITY LAW SCHOOL B.A.LL.B.(HONS.)/B.B.A.LL.B. (HONS.) JURISPRUDENCE UNIT - I JURISPRUDENCE DEFINITIONS NATURE SCOPE SIGNIFICANCE & UTILITY INTRODUCTION : NATURE & DEFINITION Jurisprudence- Latin word ‘Jurisprudentia’- Knowledge of Law or Skill in Law. -Most of our la...

AMITY LAW SCHOOL B.A.LL.B.(HONS.)/B.B.A.LL.B. (HONS.) JURISPRUDENCE UNIT - I JURISPRUDENCE DEFINITIONS NATURE SCOPE SIGNIFICANCE & UTILITY INTRODUCTION : NATURE & DEFINITION Jurisprudence- Latin word ‘Jurisprudentia’- Knowledge of Law or Skill in Law. -Most of our law has been taken from Common Law System. -Bentham is known as Father of Jurisprudence. Austin took his work further. Bentham was the first one to analyse what is law. He divided his study into two parts: 1. Examination of Law as it is- Expositorial Approach- Command of Sovereign. 2. Examination of Law as it ought to be- Censorial Approach- Morality of Law. DIFFERENCE BETWEEN JURISPRUDENCE & LEGAL THEORY  The way which has been taken by the jurist to read the law is jurisprudence, but the conclusion which is drawn after the study is legal theory. DEFINITIONS According to ULPIAN: “The observation of things human and divine, the knowledge of just & unjust.”  First formal definition  Criticism: being meta-physical in nature its value cannot be evaluated.  CONTD.. Austin “Science of law which concerns with analysis of concepts or its underlying principles.”  He separated the meta-physical controversy from legal enterprise.  Criticism: The term ‘philosophy’ and ‘positive law’ are misleading. CONTD… Holland’s Definition- “Jurisprudence means the formal science of positive laws.” It is an analytical science rather than a material science.  He defined the term positive law. He said that Positive Law means the general rule of external human action enforced by a sovereign political authority.  ‘Formal’ means fundamental legal principles. CONTD… Salmond “The science of the first principles of civil law.”  Science - a systematic enquiry  Civil law – the whole corpus of law applicable in state  First principles – fundamental principles  Law- positive law CONTD…  Keeton “Jurisprudence is the study of the systematic arrangement of the general principles of law.”  Allen “Existence of general Jurisprudence is possible as there are certain elements inherent in conception of law viz. dispensation of justice, preservation of order, determination of rights, ownership, possession etc.” CONTD…  Prof Kenny As a method Jurisprudence deals with concepts which regulates human conduct in accordance with various values, needs and goals of a society. These values, needs and goals vary in due course of time and with changes occurring in society. The meaning and scope of Jurisprudence thus also changes. According to Prof. Kenny, Definitions belong rather to the end of our knowledge than to the beginning of it.  JURISPRUDENCE: NATURE  There is no universal and uniform definition of Jurisprudence because law is the subject matter of jurisprudence and there is no uniform definition of law. Another reason is people throughout the world have different opinion, ideologies and belief. Jurisprudence is a very vast subject.  Conclusion- Thus, we can safely say that Jurisprudence is the study of fundamental legal principles. BRANCHES OF JURISPRUDENCE According to Austin there are two branches of jurisprudence  General and  Particular Jurisprudence General jurisprudence relates with the subjects of law as are common to all systems of law. This field of law is a wider one. Particular jurisprudence is confined only to study of any actual system of law, it talks about it special or particular system of law. In both essence is the same but they differ from each other in their scope. This classification by Austin has been criticized by many jurists as being unscientific. Professor Holland says that it is JURISPRUDENCE: SCOPE After reading all the above mentioned definitions, we would find that Austin was the only one who tried to limit the scope of jurisprudence. He tried to segregate morals and theology from the study of jurisprudence. However, the study of jurisprudence cannot be circumscribed because it includes all human conduct in the State and the Society. Approaches to the study of Jurisprudence- There are two ways: 1. Empirical- Facts to Generalization. 2. A Priori- Start with Generalization in light SIGNIFICANCE AND UTILITY OF THE STUDY OF JURISPRUDENCE 1. This subject has its own intrinsic interest and value because this is a subject of serious scholarship and research; researchers in Jurisprudence contribute to the development of society by having repercussions in the whole legal, political and social school of thoughts. One of the tasks of this subject is to construct and elucidate concepts serving to render the complexities of law more manageable and more rational. It is the belief of this subject that the theory can help to improve practice.  CONTD… 2. Jurisprudence also has an educational value. It helps in the logical analysis of the legal concepts and it sharpens the logical techniques of the lawyer. The study of jurisprudence helps to combat the lawyer’s occupational view of formalism which leads to excessive concentration on legal rules for their own sake and disregard of the social function of the law. 3. The study of jurisprudence helps to put law in its proper context by considering  CONTD… 4. Jurisprudence can teach the people to look if not forward, at least sideways and around them and realize that answers to a new legal problem must be found by a consideration of present social needs and not in the wisdom of the past. 5. Jurisprudence is the eye of law and the grammar of law because it throws light on basic ideas and fundamental principles of law. Therefore, by understanding the nature of law, its concepts and distinctions, a lawyer can find out the actual rule of law. It also helps in knowing the language, grammar, the basis of treatment and assumptions upon which the subject rests. Therefore, some logical training is CONTD… 6. It trains the critical faculties of the mind of the students so that they can dictate fallacies and use accurate legal terminology and expression. 7. It helps a lawyer in his practical work. A lawyer always has to tackle new problems every day. This he can handle through his knowledge of Jurisprudence which trains his mind to find alternative legal channels of thought. CONTD… 8. Jurisprudence helps the judges and lawyers in ascertaining the true meaning of the laws passed by the legislators by providing the rules of interpretation. Therefore, the study of jurisprudence should not be confined to the study of positive laws but also must include normative study i.e. that study should deal with the improvement of law in the context of prevailing socio-economic and political philosophies of time, place and circumstances. 9. Professor Dias said that ‘the study of jurisprudence is an opportunity for the lawyer to bring theory and life into focus, for it concerns human thought in relation to social existence’ THANK YOU