Introduction to jurisprudence.pdf

JURISPRUDENCE Introduction Meaning of Jurisprudence The word jurisprudence is derived from two latin expressions ‘juris’ and ‘prudentia’. Juris means law. Prudentia means knowledge. Etymologically jurisprudence means knowledge of law. What is Jurisprudence? Knowledge of law T...

JURISPRUDENCE Introduction Meaning of Jurisprudence The word jurisprudence is derived from two latin expressions ‘juris’ and ‘prudentia’. Juris means law. Prudentia means knowledge. Etymologically jurisprudence means knowledge of law. What is Jurisprudence? Knowledge of law Theory of law Philosophy of law Science of law Grammar of law Eye of law Sociology of law History of law Politics of law Mother of all laws Contents of Jurisprudence Legal Theory Sources of Law Interpretation of Statutes Administration of justice Analysis of Legal Concepts Jurisprudence and Legal Theory Jurisprudence is the name given to a certain type of investigation into law, an investigation of an abstract, general and theoretical nature which seeks to lay bare the essential principles of law and legal systems. Legal theory is in general an attempt to answer the question “What is law?” The expression Legal Theory was coined by Friedmann. The scope and purpose of Legal Theory What is law? Is not a simple question as it appears to be, it includes within its fold various questions such as What is meaning of law? What id definition of law? What is nature of law? What are theories of law? What are different schools of legal thought? What is the purpose and function of law? What are sources of law? What are the elements of law? What are the essentials of valid law? Three Stages in Evolution of Human Thinking Theological Stage Metaphysical Stage Positivistic Stage Definition of Jurisprudence Ulpian: Observation of things human and divine, the knowledge of just and unjust. Austin: Philosophy of positive law. Holland: Formal science of positive law. Salmond: Science of first principles of civil law. Julius Stone: Jurisprudence is lawyer’s extraversion. It is the lawyer’s examination of the rules, precepts, ideals and techniques of the law in the light derived from present knowledge in disciplines other than the law. Dias: Any thought or writing about law, other than a technical exposition of a particular branch of the law itself. Utility of Jurisprudence Theory can help to improve practice. Jurisprudence has practical value. Jurisprudence has an educational value. The logical analysis of legal concepts sharpens the logical techniques of the lawyer. It throws light on the basic ideas and fundamental principles of law. Jurisprudence is often said to be the eye of law. It is the grammar of law. A study of jurisprudence helps legislators in the law-making process. It helps judges and lawyers in the interpretation of laws. The study suggests changes for the betterment of the laws. The study enlightens the students in proper understanding of the law and legal system. It enables the students to learn how to think rather than what to know. Relation of Jurisprudence with other Social Sciences Intern Consti Perso Prope Crimin Proce Privat Public Corpo Busin Tax Huma Cyber ationa tution nal rty al law dural e law law rate ess law n law & l law al law Law law law law law Rights All law other laws J U R I S P R U D E N C E Politic Econo Sociol Histor Ethics Theol Psych Anthr Philos Geogr Crimin Busine All al mics ogy y ogy ology opolo ophy aphy ology ss and other Scienc gy Mana discipl e geme ines nt Methods of Jurisprudence Legal Exposition: the purpose of it is to set forth the contents of an actual legal system as existing at any time, whether past or present. Legal History: the purpose is to determine what has been the historical process and how the law evolved. Science of Legislation: the purpose is to set forth the law, not as it is or has been, but as it ought to be. Classification of Jurisprudence into Schools Analytical School (the study of law as it is) Historical School (the study of law as it was) Philosophical School (the study of law as it ought to be) Sociological School (the study of law as it does)