Q-1. Define the “jurisprudence”.

Explain “Value of Jurisprudence”

The word “jurisprudence’ is derived from a Latin word “jurisprudentia”, which means
knowledge of law and its application.

Jurisprudence, in its limited sense, means explanation of the general principles upon which
actual rules of law are based. In other sense, jurisprudence may be regarded as the philosophy
of law dealing with the nature and function of law.

The term ‘jurisprudence’ has meant different things at different times. The variation is due to
different methods of inquiry and approach to the study of the subject.

According to Salmond, jurisprudence deals with a particular species of law, namely civil law or
the law of the State. The civil law consists of rules applied by courts in the administration of
justice.

John Austin calls jurisprudence as the philosophy of positive law.’ He was the first one to make
jurisprudence as a science by which he meant that it is the law laid down by a political superior
for commanding obedience from his subjects.

According to Keeton, ‘jurisprudence is the study and scientific synthesis of the general
principles of law.’

According to Roscoe Pound, jurisprudence is the science of law.

Scope of jurisprudence:

The scope of jurisprudence has widened considerably over the years. Broadly speaking,
jurisprudence includes all concepts of human order and human conduct in State and society.
In other words, anything that concerns order in the State and society will be within the domain
of jurisprudence.

Contents of jurisprudence:

The main contents of jurisprudence include the sources, legal concepts and legal theory.

Sources:

It is well known that the basic features of a legal system are mainly to be found in its
authoritative sources and the nature and working of the legal authority behind these sources.
Therefore, they obviously form the content of jurisprudence.

Legal concepts:
Another area which concerns jurisprudence is the analysis of legal concepts such rights,
property, ownership, possession, obligations, acts, negligence, legal personality and the
related issues.

Legal theory:

Besides the sources and the forces operating behind them and various legal concepts, legal
theory also constitutes one of the main components of jurisprudence. Thus, legal theory seeks
to co-relate law with other disciplines such as religion, philosophy, ethics, politics, etc.

Utility and value of jurisprudence:

Jurisprudence also has its practical applicability. It seeks to reduce the concept of law which
enables us to solve the different problems involving particulars of law. In other words, it
manages the complexities of law in this way this can help to improve practice in the field of
law.

Apart from this, jurisprudence also has great educational value. The logical analysis of legal
concepts widens the outlook of lawyers and sharpens their logical technique. It is not the form
of law but the function of law which relevance in modern jurisprudence.

As per the view of Holland upon the significance and utility of jurisprudence, he observed that
it throws light on the basic ideas and the fundamental principles of law in a given society. This
is why it has been characterized as “the eye of law’ by some jurists.

Jurisprudence helps the judges and the lawyers in ascertaining the true meaning of the law
passed by the Legislature by providing the rules of interpretation.

Jurisprudence may also be helpful to legislators who play a crucial role in the process of law-
making.