ll.b i j1 u 1 nature scope & introduction
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Introduction to JurisprudenceCourse-LL.B-I
Subject: Jurisprudence IUnit-I
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PrudentiaPrudentia
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Literal Meaning:
JurisJuris
JurisprudenceJurisprudenceDerived from Two
Latin WordsDerived from Two
Latin Words
• Law• Law
• Wisdom,• Knowledge• Philosophy,
OR• Science
• Wisdom,• Knowledge• Philosophy,
OR• Science
What is Jurisprudence?An Introduction
JurisprudenceJurisprudence
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Literal Meaning:
meansmeans
What is Jurisprudence?An Introduction
Hence
Wisdom of Law
Wisdom of Law
Knowledge of Law
Knowledge of Law
Philosophy of Law
Philosophy of Law
O R
O R
O R
Science of LawScience of Law
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What is Jurisprudence?An Introduction
Key Terms in Understanding Definition of Jurisprudence:
Science
Philosophy
Law
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Science Knowledge gained through a systematic study, is called science
Systematic Study means, a Study consisted of;
Deduction
Experiment
Hypothesis
Observation
What is JurisprudenceAn Introduction
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Philosophy Derived from two Latin words
PHILOSOPHY
Philo
Means ‘love’
Sophy
Means Wisdom or knowledge
Knowledge gained through the application of mind
Examining the basic concepts such as ‘truth’, ‘existence’ ‘soul’, ‘hereinafter life’ etc.
What is Jurisprudence?An Introduction
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Law A set of rules and regulations that
regulates human behaviour in societies
It determines human conduct and regulates it.
The subject-matter of Jurisprudence is Law
There are different types of Law and the jurists are debating as to which type is the true subject-matter of Jurisprudence
What is Jurisprudence?An Introduction
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What is Jurisprudence?An Introduction
This Typology of Law is based on the fact that from where Law comes or what is the ultimate source of its recognition (nature).
Hence, it is a broad typology of law
TYPOLOGY OF LAWTYPOLOGY OF LAW
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Natural Law. Norms. Reason based
God-made LawTypes of
LawMan-made Law
Physical Law. Chemistry. Physics etc
Divine Law. Religious Law. Scriptures
Positive Law
Moral/Ethical Law
Abstract Law. Fundamental Principles. General Notions
Law of Nature
Concrete Law. Real Law/ Applicable Law. Statutes, Acts, Decisions
What is Jurisprudence?An Introduction
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Definition of Jurisprudence
There is no uniform definition of Jurisprudence
Reason:
The subject-matter of Jurisprudence is Law
But there is no uniform definition of law.
What is Jurisprudence?An Introduction
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Definition By Eminent Jurists:
Ulpian:
Classical Concept
“The observation of things human and divine, the knowledge of just and unjust.”
A celebrated Roman Jurist
Criticism: Being meta-physical in nature its value cannot be evaluated.
The first formal definition of jurisprudence. In the contemporaneous socio-political setups he had given
the best definition.
What is Jurisprudence?An Introduction
(170 AD - 228 AD)
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John Austin:
“Jurisprudence is the Philosophy of Positive Law.”
Criticism: The terms ‘Philosophy’ and ‘Positive Law’ are misleading
He lived in circumstances when Europe was witnessing changes especially in Politics.
He separated the meta-physical controversy from legal enterprise
Definition By Eminent Jurists:Classical Concept
What is Jurisprudence?An Introduction
(1790 AD - 1859 AD)
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Thomas Erskine Holland:
“Jurisprudence is the formal science of Positive Law.”
The criticism on the term ‘Philosophy’ of Austin definition led Holland to present this definition
It substituted ‘Philosophy’ in Austin definition by ‘Formal Science’.
Definition By Eminent Jurists:Classical Concept
What is Jurisprudence?An Introduction
‘Formal’ means fundamental legal principles
(1835 AD - 1926 AD)
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Salmond:
“The science of the first principles of civil law.”
Science: A systematic intellectual inquiry
Civil law: The whole corpus of law applicable in a State
By term ‘Law’ Salmond means ‘Positive Law’
‘First Principles’: Fundamental principles
Definition By Eminent Jurists:Classical Concept
What is Jurisprudence?An Introduction
Law: As Administered by Courts
(1862 AD - 1924 AD)
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Keeton:
“Jurisprudence is the study of the systematic arrangement of the general principles of law.”
Definition By Eminent Jurists:Classical Concept
What is Jurisprudence?An Introduction
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Gray:
“The science of law, the statement and systematic arrangement of the rules followed by the Courts and the
principles involved in those rules.”
Definition By Eminent Jurists:Classical Concept
What is Jurisprudence?An Introduction
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Dean Roscoe pound
“The science of social engineering”
Definition By Eminent Jurists:Modern Conception
What is Jurisprudence?An Introduction
An idea of giving the most complete security and effect to the whole scheme of human demands and desire which are pressing for recognition, with the least sacrifice, least friction and least waste.
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Classification of Jurisprudence
What is Jurisprudence?An Introduction
Jurisprudence was classified by:
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What is Jurisprudence?An Introduction
Classification of Jurisprudence
Philosophical
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What is Jurisprudence?An Introduction
Classification of Jurisprudence
Censorial Jurisprudence
ExpositorialJurisprudence
Study of Law ‘as it ought to be’
Study of Law ‘as it is’
Bentham’s Classification
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What is Jurisprudence?An Introduction
Classification of Jurisprudence
General Jurisprudence
Particular Jurisprudence
Study of Ethical Law (Law ‘as it ought to be)
The study of Positive Law (Law ‘as it is)
Austin’s Classification
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What is Jurisprudence?An Introduction
Classification of Jurisprudence
Analytical Jurisprudence
Study of Positive Law (Law ‘as it is)
The study of Ethical Law (Law ‘as it ought to be)
Salmond Classification
Historical Jurisprudence
Philosophical Jurisprudence
The study of Historical Development of Law
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Scope of Jurisprudence According to the most celebrated
view:
What is Jurisprudence?An Introduction
Jurisprudence studies LawJurisprudence studies Law
Study is analytical/scientificStudy is analytical/scientific
Law is man-made/positiveLaw is man-made/positive
It is not discussing the content but the essence of law
It is not discussing the content but the essence of law
But recently again the jurists like Roscoe Pound and Julius Stone seem to enhance the scope of Jurisprudence
But recently again the jurists like Roscoe Pound and Julius Stone seem to enhance the scope of Jurisprudence
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Significance or Utility of Jurisprudence
What is Jurisprudence?An Introduction
Being an abstract and theoretical science, jurisprudence has a little practical value
Practical value: Master of a Legal SystemPractical value: Master of a Legal System
The eye of LawThe eye of Law
The key to legal understandingThe key to legal understanding
Sharpens argumentative capacitySharpens argumentative capacity
Educational valueEducational value
References
• B.N.M. Tripati : An Introduction to Jurisprudence (Legal Theory)• 1.https://lh5.ggpht.com/qrJarYaufqnAJVNtOb46OMVgcVXrHgLgPQoyYBtG
zqEUUgmFddHh2vQ1QO7fPiYq083P=s153• http://www.slideshare.net/
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