Juris 1

JURISPRUDENCE
LLB 302
UNIT I
a. Meaning, Content and Nature of Jurisprudence
b. Classical Schools of Jurisprudence: Hindu and Islamic
c. Analytical Positivism
INTRODUCTION TO
JURISPRUDENCE
Jurisprudence had its evolutionary beginning from the classical Greek period to
21st-century modern jurisprudence. Jurisprudence is an integral part of the law
which is based on theories and various analysis. It is a concept to bring theory and
life into focus.
Jurisprudence talks about the relationship of law with other social sciences,
society, man and nature. It helps a person to understand the deeper meaning of the
law. In abstract, Jurisprudence is a subject whose knowledge is the basis and the
foundation of the whole legal studies.

MEANING
Jurisprudence means the study of law in a logical and philosophical manner. The
word Jurisprudence has been originated from the Latin word Juris
prudentia which can be broken down into two parts, and that is juris which
originated from the word jus which means law and the word prudentia which means
prudence, skill, knowledge, forethought or discretion.

Jurisprudence can also be referred to as a legal theory. Jurisprudence gives
us an overview and a much more in-depth understanding of the law and the role of
law in society.
Jurisprudence- Latin word ‘Jurisprudentia’- Knowledge of Law or Skill in Law

NATURE OF JURISPRUDENCE
When it comes to the question that “What is Jurisprudence?”
The answer is that there is no universal or uniform definition of Jurisprudence since
people have different ideologies and notions throughout the world.
Bentham is known as Father of Jurisprudence but Austin took his work further.
Bentham was the first one to analyze what is law. He divided his study into two
parts:
Expositorial Approach-Examination of Law as it is- Command of Sovereign.
Censorial Approach- Examination of Law as it ought to be-Morality of Law.

However, Austin stuck to the idea that law is command of sovereign. The structure of
English Legal System remained with the formal analysis of law and never became
what it ought to be.
J.Stone also tried to define Jurisprudence. He said that it is a lawyer’s extraversion. He
further said that it is a lawyer’s examination of the percept, ideas and techniques of law
in the light derived from present knowledge in disciplines other than the law.
Thus, we see that there can be no goodness or badness in law. Law is made
by the State so there could be nothing good or bad about it. Jurisprudence is nothing
but the science of law.

DEFINITION
AUSTIN
He said that “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. This has
two aspects attached to it:
1. General Jurisprudence- It includes such subjects or ends of law as are common to
all system.
2. Particular Jurisprudence- It is the science of any actual system of law or any
portion of it.
Basically, in essence they are same but in scope they are different.
Salmond’s Criticism of Austin
He said that for 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.
SALMOND
He said that Jurisprudence is Science of Law. By law he meant law of the land or civil
law. He classified Jurisprudence into two sense:
1. Generic- This includes the entire body of legal doctrines.
2. Specific- This deals with the particular branch or any portion of the legal doctrines.
Salmond observed that as the ‘science of law’ there may be three kinds of
Jurisprudence:
1. Expository or Systematic- It deals with the contents of an actual legal system existing
at any time, past or the present.
2. Historical - It is concerned with the legal history and its development
3. Ethical - According to him, the purpose of any legislation is to set forth laws as it
ought to be. It deals with the ‘ideal’ of the legal system and the purpose for which it
exists.
CRITICISM OF SALMOND
Critics says that it is not an accurate definition. Salmond only gave the structure
and failed to provide any clarity of thought.
1. Keeton - He considered Jurisprudence as the study and systematic arrangement of the
general principles of law. According to him, Jurisprudence deals with the distinction
between Public and Private Laws and considers the contents of principle departments
of law.
2. 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.
HOLLAND
Jurisprudence means the formal science of positive laws. It is an analytical science
rather than a material science.
1. 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.
2. He simply added the word ‘FORMAL’ in Austin’s definition.
Formal here means that we study only the form and not the essence.
According to him, how positive law is applied and how it is particular is
not the concern of Jurisprudence.
3. The reason for using the word ‘FORMAL SCIENCE’ is that it describes
only the form or the external sight of the subject and not its internal contents.
According to Holland, Jurisprudence is not concerned with the actual material
contents of law but only with its fundamental conceptions. Therefore,
Jurisprudence is a Formal Science.
CRITICISM OF HOLLAND’S
The definition given by the Holland’s has been criticized by Gray and Dr. Jenks.
According to them, Jurisprudence is a formal science because it is concerned with the
form, conditions, social life, human relations that have grown up in the society and to
which society attaches legal significance.
What Is The Importance Of Jurisprudence?
 It helps in logical analysis of legal concept that helps in building skillful techniques of
lawyers.
 Helps in better understanding of the concept of law
 Jurisprudence acts through the very root of the existence of law hence it helps in
removing the complexities of law.
 Helps in interpreting laws, the nature of law and their implementation.
 Jurisprudence is also very helpful for the law makers to understand the legal
technicalities of the law and legal precepts.
The understanding of jurisprudence makes one able to define law and understand the
law.
 It is the eyes of the law without which one cannot see the true nature and object of
law.
 It is the subject that makes us understand the principles of law also.
 The study of jurisprudence helps in understanding of the relations of law and
society, the moral principles of society and also the political ideologies within the
society.
 The study of jurisprudence also makes us able to understand the complexities of
legal world that further helps in the effective practice of law.
 It will help a lawyer the basic ideas and reasoning behind the written law.
 It helps them better understand the fundamentals of the law and help them figure out
the actual rule of the law.
 The lawyer and judges can use jurisprudence as a guide to correctly interpret certain
laws that require interpretation.
Why We Study Jurisprudence?
In the practical level, the ability to evaluate and think objectively and creatively about the
law grows from reading and engaging in jurisprudential discussions. Jurisprudence at a
professional level is the way lawyers and judges focus on what they do and what their
position is within society. This reality is expressed in the way jurisprudence is taught as
part of a law education at universities, Where law is treated not simply as a profession to
be learned but as an academic pursuit.
Finally, for some, the jurisprudence, whatever its other uses and benefits, is
interesting and enjoyable on its own. There will always be some for whom learning is in
itself interesting and valuable, even if it does not result in greater wealth, greater self-
awareness or greater political change.
CONCLUSION
The study of Jurisprudence is always being very important as it provided the explanation
regarding the content, nature and scope of law. It also facilitates to fulfill the object of
law regarding access to justice for the public. Its study helps in rationalizing the thinking
of the students and prepares them for an upright civil life. The knowledge of law and its
concept always helps the citizen to face every necessity of human associations boldly
and courageously. The ultimate purpose of making law is to achieve justice and
understanding jurisprudence is a bridge that facilitates the way towards justice.

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JURISPRUDENCE

21st-century modern jurisprudence. Jurisprudence is an integral part of the law

life into focus.

foundation of the whole legal studies.

prudence, skill, knowledge, forethought or discretion.

Jurisprudence- Latin word ‘Jurisprudentia’- Knowledge of Law or Skill in Law

The answer is that there is no universal or uniform definition of Jurisprudence since

people have different ideologies and notions throughout the world.

Expositorial Approach-Examination of Law as it is- Command of Sovereign.

Censorial Approach- Examination of Law as it ought to be-Morality of Law.

what it ought to be.

J.Stone also tried to define Jurisprudence. He said that it is a lawyer’s extraversion. He

but the science of law.

 Helps in better understanding of the concept of law

 Helps in interpreting laws, the nature of law and their implementation.

understanding jurisprudence is a bridge that facilitates the way towards justice.

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