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PROJECT TITLE: JURISPRUDENCE AND OTHER SOCIAL SCIENCES: A

CORRELATION

SUBJECT: JURISPRUDENCE I

NAME OF THE FACULTY: MR. ARVINDNATH TRIPATHI

SUBMITTED BY: CHANDRIKA CHOUDHARY

ROLL NO.: 2013038

SEMESTER: 5TH SEMESTER

ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher Mr. Arvindnath

Tripathi, as well as our vice chancellor R.G.V. BHAGWAT KUMAR who gave me the
golden opportunity to do this project on JURISPRUDENCE AND OTHER SOCIAL
SCIENCES: A CORRELATION, which also helped me in doing a lot of research and I
came to know about so many new things I am really thankful to them.
Secondly I would also like to thank my parents and friends who helped me a lot in
finalizing this project within the limited frame. I want to convey a most sincere thanks to
my concerned faculty for helping me throughout the project without whose exorbitant
support this project would not have become a reality.

ABSTRACT

In this project researcher is going to dealt with the relationship of jurisprudence with
other social sciences. For this first we have to understand the meaning of jurisprudence, it
is difficult to give a universal and uniform definition of jurisprudence. Every jurist has
his own notion of the subject matter and the proper limits of jurisprudence depend upon
his ideology and the nature of society. The study of jurisprudence started with Romans.
The Latin equivalent of jurisprudence is jurisprudentia. The term jurisprudentia is
consists of two words (1) Juris (2) Prudentia. The term juris means law and the
term prudentia means knowledge or skill. Therefore, the term jurisprudence means
knowledge of law or skill of law. Many other jurists also gave the definitions of
jurisprudence which researcher will define in the project. Through this project researcher
is trying to connect the jurisprudence with all the other social sciences and how these
other subjects are correlated with jurisprudence. Jurisprudence is closely related with
other social sciences since all of them are concerned with human behaviour in society.
Jurisprudence is the eye of law. It is the grammar of law. It throws light on the basic ideas
and the fundamental principles of law. But a jurist has to study the social sciences for the
study of jurisprudence. Different branches of knowledge are so inter-related that none of
them can be studied in isolation. All the social sciences must be co- workers and
emphatically all must be co-workers with jurisprudence. All social sciences are the study
of man in society. So for the proper understanding of meaning of jurisprudence researcher
has correlated it with other social sciences such as,
1. jurisprudence and sociology
2. jurisprudence and psychology
3. jurisprudence and ethics
4. jurisprudence and economics
5. jurisprudence and history
6. jurisprudence and politics

TABLE OF CONTENTS
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S. No.

CONTENTS

1.

Objectives of the study

2.

Introduction

PAGE No.
5
6-7

science in jurisprudence

philosophy in jurisprudence

law in jurisprudence

3.

Typology of law

7-8

4.

Definition of Jurisprudence

8-9

5.

Classification of Jurisprudence

9-10

6.

Scope and Significance or Utility of Jurisprudence

10-11

7.

Inter- relation of jurisprudence & other social science

11-13

Sociology

Psychology

Ethics

Economics

History

Politics

8.

Conclusion

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9.

Bibliography

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OBJECTIVES/AIMS OF THE STUDY:

There are two objectives/aims of this project are:

By the study of this project researcher will helps in understanding the meaning of
jurisprudence and the various definitions given by many jurists in connection with
jurisprudence.

This project also helps in understanding the relationship of jurisprudence with

other social sciences.

SIGNIFICANCE AND BENEFIT OF THE STUDY:

This research study helps in understanding the proper meaning of jurisprudence and the
various other meanings which are given by many other jurists. This study would be
beneficial for understanding the relationship of jurisprudence with other social sciences.
SCOPE OF THE STUDY:
In the proposed study, it includes the meaning of jurisprudence and the relationship of
jurisprudence with other social sciences. This research would focus on multi aspect:
Key Research Question would be:

What is the meaning of jurisprudence?

Different meanings given by different jurists.

How jurisprudence is correlated with other social sciences?

How does the relationship of jurisprudence with other social sciences affect the
human nature or behavior in the society?

RESEARCH METHODOLOGY:
For this project the research methodology is doctrinal. The information and the data for
the project will be from various books, articles and other resources. The research will also
focus on the meaning of jurisprudence and its relation with other social sciences.
INTRODUCTION:

It is difficult to give a universal and uniform definition of jurisprudence. Every jurist has
his own notion of the subject matter and the proper limits of jurisprudence depend upon
his ideology and the nature of society. The study of jurisprudence started with Romans.
The Latin equivalent of jurisprudence is jurisprudentia.
The term jurisprudentia is consists of two words (1) Juris (2) Prudentia. The term juris
means law and the term prudentia means knowledge or skill .Therefore, the term
jurisprudence means knowledge of law or skill of law.
The literal meaning of jurisprudence, in literal terms jurisprudence means wisdom of law
or knowledge of law or philosophy of law or science of law.
Key terms in understanding the definition of jurisprudence are:

Science

Philosophy

Law

Science in Jurisprudence:
In science jurisprudence means knowledge gained through a systematic study, is called
science.
Systematic study means, a study consisted of Hypothesis, Deduction, Experiment and
Observation.
Philosophy in Jurisprudence:
The word philosophy derived from two Latin words i.e. philo which means love and
sophy which means wisdom or knowledge. Hence the word philosophy means the love
for wisdom and knowledge.
The knowledge which is gained through the application of mind.
Philosophy helps in examining the basic concepts such as truth, existence, soul
hereinafter life, etc.

Law in Jurisprudence:
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A law is a set of rules and regulations that regulates human behaviour in societies.
Law determines human conduct and regulates it. The subject matter of jurisprudence is
law. There are different types of law and the jurists are debating as to which type is the
true subject matter of jurisprudence.
Typology of Law:
This typology of law is based on the fact that from where the law comes or what is the
ultimate source of its recognition. Law comes from the past era. Law comes from morals,
values and ethics. Nature is the ultimate source of its recognition. Hence jurisprudence is
the broad typology of law.
Laws are mainly of two types:
(1) God-made laws
(2) Man-made laws
God-made laws:
God made laws are divine laws which is also known as religious law or scriptures. Divine
laws are derived from moral and ethical laws. God made laws are the law of nature. Law
of nature such as physical law and natural law. Physical law means physics, chemistry,
etc. and natural law are those laws which comes from norms and the laws behind which
the reason based are natural law.
God made laws are used in philosophical school of law where the law is used as it ought
to be.
Man-made laws:
Man made laws are positive law. Man made laws are of two types i.e., Abstract law and
concrete law. Abstract laws are the fundamental principles and the general notions which
are given in the constitution of India which cannot be amended. Whereas concrete laws
are the real laws which are applicable in our day to day activities. Concrete laws are the
statues, acts and decisions given by the supreme court of India.

Man made laws are used in the analytical school of law where the law is used as it is,
means law is used in its original form only without any alteration or changes.
There is no uniform definition of jurisprudence. The subject matter of jurisprudence is
law but there is no uniform definition of law. Various jurists define jurisprudence by
using its own sense of knowledge. The definitions of jurisprudence by eminent jurists are
discussed below.
Definition of Jurisprudence:
Some jurists define jurisprudence as follows:
1. Ulpian: He is a celebrated roman jurist (170 AD- 228 AD). According to the
Ulpian, the observation of things human and divine, the knowledge of just and
unjust. It is the first formal definition of jurisprudence given by Ulpian. In the
contemporaneous socio-political setups he had given the best definition.
Criticism: Being meta- physical in nature its value cannot be evaluated.
2. Austin: (1790 AD- 1859 AD) According to the Austin, the science of
jurisprudence is concerned with positive law, with laws strictly so-called. It has
nothing to do with goodness or badness of law. He lived in circumstances when
Europe was witnessing changes especially in politics. He separated the metaphysical controversy from legal enterprise.
Criticism: The terms Philosophy and Positive Law are misleading.
3. Salmond: (1862 AD- 1924 AD) He defines jurisprudence as the science of
law. By law he means the law of land or civil law. According to him the
science is a systematic intellectual inquiry. Civil law means the whole corpus of
law applicable in a state. By term law Salmond means positive law. Law as
administered by courts. First principles: Fundamental Principles.

4. Sir Thomas Erskine Holland: (1835 AD- 1926 AD) He defines jurisprudence
as the formal science of positive law. It is a formal or analytical science
rather than a material science. The term positive law means the general rule of
external human action enforced by a sovereign political authority. The criticism
on the term Philosophy of Austin definition led Holland to present this
definition. It substituted Philosophy in Austin definition by Formal Science.
Formal means Fundamental legal principles.
5. Keeton: He considers jurisprudence as the study and systematic
arrangement of the general principles of law.
6. Gray: He says jurisprudence is the science of law, the statement and systematic
arrangement of the rules followed by the courts and the principles involved in
those rules.
7. Dean Roscoe Pound: According to him the jurisprudence is the science of social
engineering. He gives an idea of giving the most complete security and effect to
the whole scheme of human demands and desire which are pressing for
recognition, with the least sacrifice, least friction and least waste.
CLASSIFICATION OF JURISPRUDENCE:
Jurisprudence was classified by:

Jeremy Bentham

John Austin

Salmond

Jeremy Bentham: He classified jurisprudence as:

Censorial Jurisprudence- Censorial Jurisprudence means study of law as it

ought to be.
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Expositorial Jurisprudence- Expositorial Jurisprudence means study of law as

it is.

Austin: He classified jurisprudence as:

General Jurisprudence- General Jurisprudence means study of Ethical Law

(law as it ought to be).

Particular Jurisprudence- Particular Jurisprudence means study of Positive

Law (law as it is).

Salmond: He classified jurisprudence as:

Analytical Jurisprudence- Analytical Jurisprudence means the study of

Positive Law (law as it is).

Historical Jurisprudence- Historical Jurisprudence means the study of

historical development of law.

Ethical Jurisprudence

Philosophical Jurisprudence- Philosophical Jurisprudence means the study

of Ethical Law (law as it ought to be).

SCOPE OF JURISPRUDENCE:
According to the most celebrated view, Jurisprudence studies law. Study is analytical or
scientific. Law is man-made or positive. It is not discussing the content but the essence of
law.
But recently again the jurists like Roscoe Pound and Julius Stone seem to enhance the
scope of jurisprudence.

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SIGNIFICANCE OR UTILITY OF JURISPRUDENCE:

Being an abstract and theoretical science, jurisprudence has a little practical value.
Practical value means the master of a legal system, the eye of a law, the key of legal
understanding, sharpens argumentative capacity and helps in educational value.
INTER-RELATION OF JURISPRUDENCE AND OTHER SOCIAL SCIENCES
Jurisprudence is closely inter-related with other social sciences since all of them are
concerned with human behaviour in society. Pointing out the relationship between
jurisprudence and other social sciences, G.M Paton observed that, modern jurisprudence
trenches on the fields of social science and of philosophy. It indigs into the historical past
and attempts to create the symmetry of a garden out of the luxuriant chaos of conflicting
legal systems. Julius Stone explained the relation between them as, Jurisprudence is the
lawyers extraversion. Roscoe Pound who propounded the theory of law as a social
engineering also said that jurisprudence is closely interrelated with other social sciences
which though distinct enough as the core, are shade into each other. In simple words we
can say that different branches of knowledge are so inter-related that none of them can be
studied in isolation. All social sciences stand in close connection with one another. All of
them study the actions of human beings living in society, through from different angles
and with different ends.
Relation between jurisprudence and other social sciences:
1. JURISPRUDENCE AND SOCIOLOGY:
The attitude of sociologists towards law is different from that of a lawyer who, in his
professional capacity, is concerned with the rules which have to be obeyed by the people.
He is not interested in knowing how and to what extent those rules actually govern
the behaviour of the ordinary citizens. There is separate branch of sociological

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jurisprudence based on sociological theories and is essentially concerned with the

influence of law on society at large, particularly social welfare. In the case of crime in
society, its causes are to a very great extent sociological and to understand their pros and
cons, one must have knowledge of society. Sociology helped jurisprudence in its
approach to the problem of prison reforms and suggested ways and means of preventing
social wrongs. Behind all legal aspects, there is something social. The causes of crimes
are partly sociological and an understanding of sociology helps the legislators in their
task of prison reform and prevention of crime. The birth and growth of sociology has
given a new orientation to the study of jurisprudence.
2. JURISPRUDENCE AND PSYCHOLOGY:
Psychology has been defined as the science of mind and behaviour. It is recognized that
no human science can be discussed properly without a thorough knowledge of human
mind and hence its close connection with jurisprudence. In the study of criminal
jurisprudence, there is great scope for the study of psychological principles in order to
understand the criminal mind behind the crime. It is duty of a lawyer to understand the
criminal and the working of a criminal mind. Jurisprudence is concerned with mans
external conduct and not his thoughts and mental processes, but penology has benefited
from the knowledge made available by psychological researches.
3. JURISPRUDENCE AND ETHICS:
Ethics has been defined as the science of human conduct. It deals with how man behaves
and what should be the ideal human behaviour. Ethics is concerned with good or proper
human conduct in the light of public opinion. Jurisprudence is related to positive morality
in so far as law is considered as the instrument through which positive ethics tries to
assert itself. Positive morality is not depends upon the good action of good man only.

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4. JURISPRUDENCE AND ECONOMICS:

Economics studies mans efforts in satisfying his wants and producing and distributing
wealth. Economics is the science of wealth and jurisprudence is the science of law. There
is a close relation between the two. Economics problems arise from day to day and it is
duty of the law-giver to tackle those problems. Jurisprudence teaches legislators how to
make laws which will promote social and economic welfare. Both economics
and jurisprudence aim at the betterment of the lives of the people. The intimate relation
between economics and jurisprudence was first emphasized by Karl Marx and the
interpretation of jural relation in the light of economic factors is receiving serious
attention at the hands of jurists.
5. JURISPRUDENCE AND HISTORY:
History studies past events in their different perspectives. The relation between
jurisprudence and history is so close that there is a separate historical school of
jurisprudence. History furnishes the background in which a correct idea of jurisprudence
can be realized.
6. JURISPRUDENCE AND POLITICS:
Friedman rightly points out that jurisprudence is linked at one end with philosophy and at
the other end with political theory. Politics deals with the principles governing
governmental organization. In a politically organized society, there exist regulations
which maybe called laws and they lay down authoritatively what man may do and what
they may not do.

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CONCLUSION:
Jurisprudence is the eye of law. It is the grammar of law. It throws light on the basic ideas
and the fundamental principles of law. But a jurist has to study the social sciences for the
study of jurisprudence. Different branches of knowledge are so inter-related that none of
them can be studied in isolation. All social sciences stand in close connection with one
another. All the social sciences must be co-workers and emphatically all must be coworkers with jurisprudence. All social sciences are the study of man in society. It is the
study of human inter-relations and interactions. The field of social sciences has the whole
life of men struggle in society, all the activities whereby men maintain them selves in the
struggle for existence. Law is concerned with the study of entire body of legal principles.
Law controls and regulates a subject i.e. a citizen. The knowledge of jurisprudence and
social sciences help each other o take into consideration of the human and sociological
aspects Jurisprudence was the first of the social sciences to be born. Of all men judges
and legislators were the first that found them selves compelled to seek a clear and
conscious knowledge of the principles according to which human beings live together.
Such knowledge of the foundations of society was first acquired by learning to
distinguish right and wrong. This preceded by a long way any merely theoretical curiosity
and was produced by the necessities of life.

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BIBILIOGRAPHY:
BOOKS:
1. Jurisprudence and Legal Theory- V.D. Mahajan
2. Sociology- Dr. S.R. Myneni
3. Human Sociology- Dipankar Gupta
WEBSITES:
1. www.wikibooks.org/wiki/French
2. www.lawandotherthings.blogspot.com
3. www.books.google.co.in

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