Jurisprudence: Arvind Nath Tripathi Dsnlu

Jurisprudence
ARVIND NATH
TRIPATHI
DSNLU
RELATION OF JURISPRUDENCE WITH

OTHER SOCIAL SCIENCES
Dean Roscoe Pound of the Harvard Law School
writes : Jurisprudence ,ethics, economics,
politics and sociology are distinct enough at
the core, but shade out into each other.
Jurisprudence and Economics
Jurisprudence and Psychology
Jurisprudence and Sociology
Jurisprudence and Ethics
What is Jurisprudence?
Latin expression Juris prudential,
means either knowledge
of or
skill in law.
No
universal
and
uniform
definition
Salmond defines jurisprudence as
the science of law.
Jurisprudence is often said to be
the eye of law". It is the grammar
Definitions of Jurisprudence
Ulpian -The Roman Jurist, Ulpian, defined Jurisprudence as "The
observation of things human and divine, the knowledge of
just and unjust."
Austin defines Jurisprudence as the "Philosophy of Positive
Law".
Positive Law means the law laid down by political superior to
regulate the conduct of those subject in his authority. However,
the term Philosophy is misleading. Philosophy is the theory of
things, man and divine, while Jurisprudence only deals with manmade law.
Definitions of
Jurisprudence
Salmond defines Jurisprudence as the the Science of law".
There are three kinds of laws that govern the conduct of human in a society.
Theologian Laws - derive their authority from a divine or superhuman source
intended to regulate human conduct as well as beliefs and are enforced by
spiritual rewards or penalties .
Moralist Laws - Man-made that exist in all societies, both primitive and most
civilized. There is no definite authority to enforce the laws, but the public.
Jurist Laws - Regulates external human conduct only and not inner beliefs.
They can exist in politically organized societies, which has a Government.
They are enforced by courts or judicial tribunals of the society which applies
a variety of sanctions ranging from fines to capital punishments.
Definitions of
Jurisprudence
Holland -Holland defines Jurisprudence
Formal Science of Positive Law".
as
"The
Formal science differs from material science in the way

that formal science deals with fundamental principles
underlying and not concrete details.
SCOPE AND IMPORTANCE OF

JURISPRUDENC
It gives an understanding of law the nature of law. It
helps in the study of the actual rules of law and in
tracing out principles underlying therein.
It helps in making a scientific development of law.
It develops the critical faculties of the mind and
give the proper understanding of legal expressions
and terminologies.
It throws light on the basic ideas and the
fundamental principles of law in a given society.
It help judges and lawyers in ascertaining the
meaning of words and expressions in statutes.
It supplies an epistemology of law, a theory as to
the ,a theory as to the possibility of genuine
Natural law
Natural Law means those rules and principles
which are considered to have emanated from some
supreme source (other than political or worldly
authority).
Divine Law
Law of Nature
Universal Law
Unwritten Law
Law of God
Maneka Gandhi v.Union of India(AIR 1978 SC597)
A.K.Kraipak v. Union of India(AIR 1970 SC,150)
ANALYTICAL SCHOOL
John Austin (1790-1859):
Founder of the analytical school
He is considered as the father of English
Jurisprudence
It is also called positive School ,English School
or Austinian School
His lectures delivered in the London University
were published under the title The Province of
Jurisprudence Determined.
A Law is a command of the sovereign backed
by a sanction.
Philosophy
Philosophy:- Lawyer should be philosophical.
The well known words of Plato that all evils
of the world cease when lawyers would
become philosophers and philosophers would
become lawyer.
The study of the fundamental nature of
knowledge, reality, and existence, especially
when considered as an academic discipline a
A theory or attitude that acts as a guiding
principle for behavior.
Philosophy
Philosophy of law is a branch of philosophy
and jurisprudence that studies basic
questions about law and legal systems, such
as "what is law?", "what are the criteria for
legal validity?", "what is the relationship
between law and morality?", and many other
similar questions.

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Jurisprudence

RELATION OF JURISPRUDENCE WITH

Formal science differs from material science in the way

SCOPE AND IMPORTANCE OF

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