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Introduction to Jurisprudence

Table of Contents
 Introduction
 Meaning
 Importance of the study of Jurisprudence
 Jurisprudence and its relationship with other sciences
o 1. Sociology and Jurisprudence
o  2. Economics and Jurisprudence
o 3. History and Jurisprudence
o 4. Ethics and Jurisprudence
o  5. Politics and Jurisprudence
o Natural Law
o Imperative law
o Legal realism
o Law of obligation
 Schools of thought in Jurisprudence
o Philosophical School
o Analytical School
o Historical School
o Realist School
o Sociological School
 Famous jurists in Jurisprudence
 Conclusion

Introduction
Jurisprudence helps a person to understand the deeper meaning of the law. Jurisprudence is an
integral part of the law which is based on theories and various analysis. Jurisprudence talks
about the relationship of law with other social sciences, society, man and nature.

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 prudential which means prudence, 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 deals
with legal reasoning, legal institutions and legal systems.

Importance of the study of Jurisprudence


One of the major importance of the study of Jurisprudence is its fundamental value.
Jurisprudence mainly comprises of research and the method to construct and clarify the basic
concepts of law. Jurisprudence is not concerned with the making of the new laws; rather, it
focuses on existing laws in the system and Jurisprudence, and its theories can help lawyers to
form a better and much more improved practice.

Jurisprudence can also help students. It has its own scholastic worth in the life of students.
Jurisprudence not only focuses on primary legal rules, but it also talks about the social impact of
those laws. Jurisprudence combines logical and theoretical analysis of legal concepts. So it
proliferates the analytical methods and techniques of a student.

Jurisprudence also focuses on law and its social value. It talks about fairness and the articulation
of law. Jurisprudence deals with the basic fundamentals of the law and it is the eye of law. It
helps a person to understand the thoughts and divisions of law.

Jurisprudence is also the grammar of law. It helps a person to understand the language and the
grammar of law. Legal language and grammar are very different when compared to ordinary
language, so Jurisprudence trains the mind of a lawyer so that he can use proper legal
vocabularies and expressions.

Jurisprudence provides the rules of interpretation and as a result, it helps judges and lawyers in
understanding the importance of laws passed by the legislators.

Jurisprudence and its relationship with other social sciences provide a broad spectrum to
students in understanding how law can be related and connected with other disciplines.

Jurisprudence teaches people that an answer to a legal problem is not hidden in the past or
awaiting in the future rather than the answer to a legal problem is hidden around them in the
fundamentals of legal studies.

Jurisprudence also talks about political rights and legal rights and how the system can strive to
balance them out. A student can also look into it with the help of Jurisprudence.

Jurisprudence and its relationship with other


sciences
1. Sociology and Jurisprudence
 The sociological approach to Jurisprudence is easily the most important relation between
Jurisprudence and other sciences. The reason why it is so important is that the sociological
approach is much more concerned in the working of law rather than its fundamentals and basics.

Sociological jurists want to know the effect of law in our society and how law and society work
together. Sociological Jurisprudence sees the law as an institution.

Sociological Jurisprudence thinks that laws can be made, transformed and changed according to
the needs of society. Basically, it means the law can be adjusted as per societal needs.

 2. Economics and Jurisprudence


Economic studies focus on wealth and its distribution in society with the aim to regulate the lives
of people of a State.  Similarly, the law also focuses on regulating the lives of the people through
rules and regulations. Initially, the relationship between Jurisprudence and Economics was
ignored for a long time until jurists realised the importance of economics in law.

Normative Jurisprudence talks about the stable economic allocation of resources in a society and
how it shall reflect consumer preference.

3. History and Jurisprudence


Historical Jurisprudence mainly forms a significant part of legal history as a subject. Law has
been around for centuries, and as we know Jurisprudence is the study of law so if we don’t trace
back the origin and development of laws, then we are missing out on a theoretical aspect of
Jurisprudence.

Development of law through the years gives us an insight, and it helps us to research more
about it. Historical Jurisprudence sheds light on the influences that led to the development of a
particular law.

4. Ethics and Jurisprudence


Ethics talks about the fact that how the law should be in an ideal state. Ethical Jurisprudence is
focused on the fact of how law can be used as an instrument to affirm positive ethics.
Ethics and Jurisprudence state that laws should be based on ethical principles and it should not
be treated otherwise. Ethics helps to criticise laws which are unethical in nature.

Theories of law in Jurisprudence

Natural Law
Natural law is a part of Jurisprudence, and frankly, there is not a definite way to define natural
law. Natural law can still somehow be stated as laws which originated from sources which are
other-worldly or some God-like source, basically, the point is natural law did not originate from
some political authority or any legislature.

In Jurisprudence, it is believed that Natural law can be applied anywhere in the world i.e. Natural
law has universal applicability. Whenever we talk about the term true law it can be said that laws
which are obligatory in nature are said to be true law so by that analysis we can say that natural
law is not true law.

The reason natural law is not true law because natural law is not obligatory in its true sense.
Natural law acts as a defence for moral relativism. Moral judgement varies from places to religion
to culture and this theory was ascended by Greek philosophers. The philosophers drew a
distinction between the law of nature and conventional human choices and this distinction acted
against natural law.

Natural law hence aims to find a common moral ground for different cultures and different
religions.  But still, the idea of natural law raises a lot of questions and the biggest and relevant
one is whether moral proposition can be derived from the proposal of facts.

A prime example of this question would be people might agree or disagree whether euthanasia is
justifiable but then again people would not argue over the justification of punishment over a
crime. So it is impossible to affirm the premise and deny the conclusion. Basically, there are still
millions of pseudo-theories related to natural law and most of them are not realistic.

So coming to realism and a realistic standpoint at certain cases natural law creates conflict
between law and morals. Certain existing laws are inhumane if we consider the theory of natural
law. So a law must be analysed on the basis of its efficiency, simplicity and if the law serves a
right combination of justice and morality.
Imperative law
Imperative law directly opposes natural law. Imperative law is much more focused on realism
when it is compared to natural law. Here in this article, we will discuss Austin’s view on
imperative law.

So imperative law is laid down by the sovereign of a country and it is enforced by sanctions, and
imperative law is a type of command.

There is a distinct difference between command and law and for a command to qualify as laws
that command must be given by a political superior or sovereign. Since this theory defines law in
terms of command, sovereign and sanction we can conclude that Imperative theory cannot
provide adequate analysis for standard law.

Legal realism
There is a certain similarity between the theories of legal realism and imperative law and that
similarity is both the theories sees the law as a type of command.

But in the case of the theory of legal realism, it sees the law as a type of command that must be
given by the legislature and for legal realism, the sovereign is the Supreme Court. This approach
is used in the United States with Holmes influencing it further. Holmes further states that law, in
reality, is judge-made and not made by some supreme power and the actions of courts are not
necessarily deduced by statutes and books.

Law of obligation
Law of obligation has been derived from Roman law in its legal sense. Law of obligation can be
said to be a relationship of legal necessity in its original sense. All the law of obligation relates to
being proprietary rights in its own sense.

In Jurisprudence, a person who gains benefit from the law of obligation is termed as a creditor
and the person who is bound by the law of obligation is termed as a debtor.
 5. Politics and Jurisprudence
Political Jurisprudence states that the laws made for people shall be unbiased. There should be
no hidden political agendas in law. If a law is politically motivated, then it is clear that such laws
shall have no place in our society.

Laws must be influenced by the political environment of a country and that is why countries
develop their own constitution which showcases the current social and political needs of a
country.

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