Jurisprudence

ARVIND NATH
TRIPATHI
DSNLU
RELATION OF JURISPRUDENCE WITH
OTHER SOCIAL SCIENCES
• Dean Roscoe Pound of the Harvard Law School writes :
“Jurisprudence ,ethics, economics, politics and sociology are
distinct enough at the core, but shade out into each
other…….
Jurisprudence and Economics
Jurisprudence and Psychology
Jurisprudence and Sociology
Jurisprudence and Ethics
 What is Jurisprudence?
Latin expression –Juris prudential, means
either ‘knowledge of’ or ‘skill in law’.
No universal and uniform definition
Salmond defines jurisprudence as “the science
of law”.
Jurisprudence is often said to be “the eye of
law". It is the grammar of law. It throws light on
the basic ideas and the fundamental principles
of law.
 Definitions of Jurisprudence

•Ulpian -The Roman Jurist, Ulpian, defined Jurisprudence as "The

observation of things human and divine, the knowledge of just and
unjust."

•Austin defines Jurisprudence as the "Philosophy of Positive Law".

•Positive Law means the law laid down by political superior to
regulate the conduct of those subject in his authority. However, the
term Philosophy is misleading. Philosophy is the theory of things,
man and divine, while Jurisprudence only deals with man-made law.
 Definitions of
Jurisprudence
• Salmond defines Jurisprudence as the “ the Science of law".
• There are three kinds of laws that govern the conduct of human in a society.
• Theologian Laws - derive their authority from a divine or superhuman source intended
to regulate human conduct as well as beliefs and are enforced by spiritual rewards or
penalties .
• Moralist Laws - Man-made that exist in all societies, both primitive and most civilized.
There is no definite authority to enforce the laws, but the public.
• Jurist Laws - Regulates external human conduct only and not inner beliefs. They can
exist in politically organized societies, which has a Government. They are enforced by
courts or judicial tribunals of the society which applies a variety of sanctions ranging
from fines to capital punishments.
 Definitions of
Jurisprudence
• Holland -Holland defines Jurisprudence as "The Formal Science of
Positive Law".
Formal science differs from material science in the way that formal
science deals with fundamental principles underlying and not concrete
details.
• JULLIUS STONE:- According to Jullius Stone ‘Jurisprudence’ means
‘lawyer’s extraversion. It is the lawyer’s examination of the precepts,
ideas and techniques of the law in the light derived from present
knowledge in disciplines other than the law.
• LAWELLYN: According to Lawellyn ‘Jurisprudence’ means an
empirical study of events and factors that influence the judge.
 SCOPE AND IMPORTANCE OF
JURISPRUDENC
 It gives an understanding of law the nature of law. It helps in the study
of the actual rules of law and in tracing out principles underlying
therein.
 It helps in making a scientific development of law.
 It develops the critical faculties of the mind and give the proper
understanding of legal expressions and terminologies.
 It throws light on the basic ideas and the fundamental principles of law
in a given society.
 It help judges and lawyers in ascertaining the meaning of words and
expressions in statutes.
 It supplies an epistemology of law, a theory as to the ,a theory as to the
possibility of genuine knowledge in the legal sphere.
SCOPE AND IMPORTANCE OF
JURISPRUDENC
• Following are some of the uses of the study of
jurisprudence;
• a) It gives an understanding of the nature of law. it helps in
the study of the actual rules of law and in tracing out
principles underlying therein.
• b) It helps in making scientific developments of law.
• c) It develops the critical faculties of mind and gives the
proper understanding of legal expressions and
terminologies.
SCOPE AND IMPORTANCE OF
JURISPRUDENC
• d) It throws light on the basic ideas and the fundamental
principles of law in a given society.
• e) It helps judges and lawyers in ascertaining the meaning
of words and expressions in statutes.
• f) Jurisprudence supplies an epistemology of law, a theory
as to the possibility of genuine knowledge in the legal
sphere.
Use and Purpose
• the purpose of studies in legal dogmatics is to investigate and systematise
the law as it is. Or, in other words, that the primary objective is to describe
valid law, solve unclear problems concerning how law should be applied,
and, eventually, provide suggestions about how law should be developed.

• the primary purpose of methodological studies is to elaborate legal

method, e.g. through investigations of legal logic, analysis of legal
communications processes and analyses of legislative techniques
contribute to the work of judges, lawyers or the legislature becoming more
efficient and/or of better quality.
Use and Purpose
• the primary purpose of philosophical undertakings is to deepen the
understanding of the nature of law, e.g. through analytical studies
on the ontology of law try to find legitimacy and grounds for the
lawyer who wants to justify a certain decision or a certain
argument.
 Natural law
‘Natural Law’ means those rules and principles which are
considered to have emanated from some supreme source
(other than political or worldly authority).
‘Divine Law’
‘ Law of Nature’
‘Universal Law’
‘Unwritten Law’
‘Law of God’
 Maneka Gandhi v.Union of India(AIR 1978 SC597)
A.K.Kraipak v. Union of India(AIR 1970 SC,150)
 ANALYTICAL SCHOOL
• John Austin (1790-1859):
 Founder of the analytical school
He is considered as the ‘father of English Jurisprudence’
It is also called positive School ,English School or Austinian
School
His lectures delivered in the London University were
published under the title ‘The Province of Jurisprudence
Determined.
A Law is a command of the sovereign backed by a
sanction.
 Philosophy
• Philosophy:- Lawyer should be philosophical. The well
known words of Plato “that all evils of the world cease
when lawyers would become philosophers and
philosophers would become lawyer.”
 The study of the fundamental nature of knowledge,
reality, and existence, especially when considered as an
academic discipline a
 A theory or attitude that acts as a guiding principle for
behavior.