JURISPRUDENCE UNIT 1
https://www.studocu.com/in/document/chaudhary-charan-singh-university/jurisprudence-1/jurisprudence-
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Introduction:
MEANING (what is Jurisprudence?)
The term ‘jurisprudence’ is derived from the Latin word ‘jurisprudentia’ - knowledge of the law.
jurisprudentia There is no universal or uniform definition of Jurisprudence
since people have different ideologies and notions throughout
the world. It is a very vast subject.
Jeremy Bentham - Father of Jurisprudence. According to him
Juris prudentia
- jurisprudence is a set of philosophical principles and various
interpreted theories.
This eventually shows us the concept of law.
law prudentia
JP – maybe used as – substantive groups, doctrines, interpretation and explanations which make-up the law
of the country.
Jurisprudence of diff countries are the rules/laws of that country. Eg. English, French, Indian JP are the laws
of England, France and India.
JP is also the interpretations and explanations given by the court.
Acc. To Suri Ratnapala- JP consists of scientific and philosophical investigations of the social phenomenon
of law and of justice generally.
it embraces studies, theories, and speculations about law and justice undertaken with the knowledge and
theoretical tools of diff. disciplines. (such as- law, history, sociology, economics, pol sc, philosophy, logic,
psychology, eco., physics, and maths)
RELATIONSHIP BETWEEN JP AND LEGAL THEORY
Jurisprudence has many definitions but generally, jurisprudence is a study of the fundamental legal
principles including the philosophical, historical, sociological bases, also legal concepts.
It does not contain any set of rules as in other subjects but it has its values and is unique and distinctive.
Whereas legal theory is a subset of Jurisprudence as a whole, understanding legal theory is the main facet in
understanding Jurisprudence.
John Austin (19th Century legal positivist) – used the term legal theory – to define law. Also, presently,
theory can be given on the other aspects of law; emergent theory of law; relation of law and economics.
Jurisprudence
Normative JP (moral dimensions
Analytical
of the law - what we ought to
JP
do and what not)
Particular Analytical JP
General Analytical JP
(basic concepts of law,
(concept of kaw)
building blocks)
JOHN AUSTIN – He stuck to the idea that law is command of sovereign. The structure of English
Legal System remained with the formal analysis of law (Expositorial) and never became what it ought
to be (Censorial).
Various thinkers – diff opinions
JP – imparts to us knowledge about law
Indian JP origin – DHARMA – best way to discipline one’s mind
DEFINATIONS:
1. ULPAIN (roman jurist)
“the observation of things, humans, and divine, the knowledge of just and unjust”. The definition is too
broad and might well apply to religion, ethics or philosophy.
2. SALMOND
“Science of the first principles of the civil law”.
He points out that JP deals with a particular species of law, i.e., civil law/the law of the state.
generic sense entire body of legal doctrines
JP
particular department or any
specific sense
portion of the doctrines.
Specific sense- alone is the proper JP because it deals with general principles of a particular legal system.
It is further divided.
SPECIFIC SENSE
Analytical, Expository or Ethical -
Historical - purpose of any legislation is to set forth
Systematic -
concerned with the laws as it ought to be
deals with the contents of an
legal history and its It deals with the ‘ideal’ of the legal
actual legal system existing at
development. system and the purpose for which it
any time, past or the present.
exists.
3. AUSTIN
“Science of Jurisprudence is concerned with Positive Laws that is laws strictly so called.”
It has nothing to do with the goodness or badness of law.
2 aspects
General Particular
Jurisprudence Jurisprudence
includes such science of any actual system
subjects or ends of law or any portion of it.
of law as are Basically, in essence they
common to all are same but in scope they
system. are different.
Salmond’s Criticism of Austin
“ a concept to fall within the category of ‘General Jurisprudence’, it should be common in various systems
of law.” “This is not always true as there could be concepts that fall in neither of the two categories.”
Holland’s Criticism of Austin
He said that it is only the material which is particular and not the science itself.
4. HOLLAND
JP - the formal science of positive laws. It is an analytical science rather than a material science.
He defined the term positive law.
It means the general rule of external human action enforced by a sovereign political authority.
According to him, how positive law is applied and how it is particular is not the concern of Jurisprudence.
Jurisprudence is not concerned with the actual material contents of law but only with its fundamental
conceptions. Therefore, Jurisprudence is a Formal Science.
5. ROSCOE POUND
He described Jurisprudence as the science of law using the term ‘law’ in juridical sense as denoting the body
of principles recognized or enforced by public and regular tribunals in the Administration of Justice.
CONCLUSION - Thus, we can safely say that Jurisprudence is the study of fundamental legal principles.
