LAW 302

Jurisprudence
Course Instructor: Dr. Nabaat Tasnima Mahbub
 Jurisprudence

•Meaning
•Definition
•Nature
•Scope
 Meaning
• Latin word ‘Jurisprudentia’ – ‘Knowledge of Law’.
• Juris means Law and Prudentia means Skill or Knowledge.
• Thus, Jurisprudence refers to knowledge of law and its
application.
• Common Law – Study of various aspects of law.
• General principles upon which actual rules of law are based.
• Science of Law/Philosophy of Law (Legal Theory).
• Example – We study various branches of law i.e. contract,
tort, criminal law, property, trust, company, labour law etc.
Jurisprudence refers to the basic principles of all these
branches of law.
 Definition
• Roman Jurist Ulpian – “The knowledge of things divine and
human, the knowledge of the just and unjust’’.
• Professor Gray – “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”.
• Salmond – “Science of the first principles of the civil law”. By
civil law he refers to law of the State which are enforced by
courts and judicial tribunals that regulate human conduct.
• Austin – “Philosophy of positive law”. Positive law is the law
laid down by a political superior for controlling the conduct
of those subject to his authority. This is identical with the
concept of ‘civil law’ as laid down by Salmond.
 Definition
• Holland – “Formal science of positive law”. Formal science
deals not only with the concrete details but also with the
fundamental principles underlying them. He maintains that
jurisprudence deals with general concepts and principles
that constitutes the basis of any system of law.
• Roscoe Pound – “The science of law using the term ‘law’ in
the juridical sense, as denoting body of principles recognized
or enforced by public and regular tribunals in the
administration of justice”. He believed that behind every
issue or problem there is involvement of society. In the study
of jurisprudence, therefore, emphasis should be on the
relationship between law and society.
 Nature
• Jurisprudence is particular method of study, a study
relating to law.
• Such a method of studying law brought the concept of
jurisprudence closer to the conception of considering it
as science.
• Jurisprudence is also inter-connected with other social
sciences such as ethics, economics, politics, sociology
etc. Jurisprudence coordinates with these branches of
social sciences to build a functional branch of
knowledge. Law functions to serve the needs of the
society and in this way it supplements social sciences.
 Nature
• Jurisprudence is a behavioural study of human beings in
relation to state and society. Therefore, it is a part of
history, economics, sociology, ethics and philosophy of
life.
• It gives an understanding about the nature of law, legal
terminologies and expressions. It helps lawyers, judges
and law makers to understand and ascertain the
meaning of legal terms in statutes or in a text of law.
• It also helps to understand the fundamental principles
and ideas underlying the law prevalent in a particular
society.
 Scope
• Human conduct and human order falls within the scope
of jurisprudence. Anything which concerns order in the
State and in the society will be within the domain of
jurisprudence.
• Three basic contents of jurisprudence are
• sources of law – customs, legislation, precedent
• legal concepts – rights, property, ownership,
possession, obligations etc.
• legal theory – it is one aspect of jurisprudence which
involves philosophical study of law from the point of
view the purpose which the law ought to serve in the
society.