Jurisprudence

25.02.2021

Nature and Meaning:

Latin term Jurisprudentia – juris + prudentia

Juris + prudence = law/ legal + skill/ basic knowledge of law

Definitions given by various Juris

1. Sir John Salmond

i) “Jurisprudence is a Science of law”

ii) “Jurisprudence is a science of civil law”. (systematic study of law of land including
civil and criminal law)

Science – systematic study

Civil law – law of land – lex loci

iii) “Jurisprudence is a name given to a certain type of investigation into law, and
investigation of an abstract, general and theoretical nature which seeks to lay down
essential principles of law and legal systems”.

2. C. K. Allen

“Jurisprudence is the scientific synthesis of essential principles of law”

3. Holland

“Jurisprudence is the formal science of positive law”

4. Ketone

5. Ulpian

“The observation of things human and divine, the knowledge of the just and the
unjust”. He opined that “jurisprudence is the science of law, the statement and
systematic arrangement of the rules followed by the courts and the principals
involved in those rules.”

6. Polis

The law is not to be

Scope or Kinds or branches or schools of Jurisprudence

1. Historical school or historical jurisprudence

2. Analytical jurisprudence

3. Ethical jurisprudence

4. Comparative

5. Sociological

6. Synthetic school or synthetic jurisprudence

1. Historical school or historical jurisprudence

Jurists: Henry main,

Historical school or historical jurisprudence deals with study of general principles

Custom

2. Analytical jurisprudence (study of present legal system)

‘As it is’. Study of fundamental principles of law. Legislation as a source of law

Bentham

Austin’s command theory of law:

Hart

Kelson

3. Ethical jurisprudence

‘Ought to be’

i. Ethical significance

ii. Rules of law

iii. Adequacy

iv. Idealistic society

v. Natural rights
 Audi alteram partem

Audi alteram partem (or audiatur et altera pars) is a Latin phrase meaning

"listen to the other side", or "let the other side be heard as well". It is the
principle that no person should be judged without a fair hearing in which each
party is given the opportunity to respond to the evidence against them

4. Comparative

Deals with comparative legal system of different countries

5. Sociological

Augest

6. Synthetic school or synthetic jurisprudence

Salmod’s classification

A) Authoritative sources: abidingness

i. Legislative

ii. Precedent

iii. Customary

iv. Conventional law

B) Persuasive / Historical:

7. Prof. Austin

Natural law

Positive law

8. Holland

“Law is a general rule of external human action enforced by a sovereign political

authority”
Historical view

9. Savigny father of historical school of jurisprudence. German

“Laws are not made, laws are found”