introduction of jurisprudence

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CHAPTER 1

PRINCIPLES OF JURISPRUDENCE

Q NO 1

Define jurisprudence. Explain its various types of jurisprudence.(Annual 2004, sup, 2004, sup, 05 ,07, 09)

Q:Define jurisprudence, explain various kinds of theoretical jurisprudence, Discuss the

scope of analytical jurisprudence, annual 2010.

SYNOPSIS

Introduction-

Meaning of jurisprudence

Literal meaningBlack is law meaning

Definitions by different law expertsAccording to salmond

According to Allen

According to gray

According to AustinAccording to dicey

According to Holland

Scope of jurisprudence

Kinds of jurisprudence(i) Historical Jurisprudence(ii) Analytical jurisprudence

(iii) Ethical jurisprudence

(iv) Philosophical jurisprudence

Practical value of jurisprudence elucidation of law

Eye of law

Useful in understanding a particular system of lawHelps the grammar of law

Useful to develop fundamental principles

Essentials for practical work Helps in legislatim



1. Introduction-Jurisprudence is a study of fundamental legal principles, thoughts, writings about law

in its relation with philosophy, psychology, economics, anthropology and other socialsciences. In other words we can say that Jurisprudence consists of the study of the nature

of law and its related ideas

2. Meaning of jurisprudenceThe study of jurisprudence started with the Romans. The Latin equivalent of

jurisprudence is the jurisprudential which means either knowledge of law or skill in law..

.

Meaning in Black,s Dictionary: Jurisprudence is a science of law

Meaning in oxford dictionary:According the oxford dictionary as the systematic

and formulated knowledge or the science of human law.

3. Definitions by different law expertsFollowing are the different definition by different law experts.

According to salmond: Salmond defines jurisprudence the science of law by law he

means the law of the land or civil law.

According to gray :According to gray jurisprudence is the science of law, the

statement and systematic arrangement of the rule followed by the courts and the

principals involved in those rules.

According to Austin:

Austin’s conception of jurisprudence. He defines jurisprudence as the science of law in general, scientific study of those legal facts andrelationships which are common to all developed systems of law.

According to Holland: Holland defines it as the formal science of positive law.

According toProf .Keeton:According to Prof. Keeton, originally jurisprudence

meant merely a knowledge of law. Keeton considers jurisprudence as the studysystematic arrangement of the general principles of law.

According toUlpain:Ulpain defines jurisprudence as the knowledge or concept

of the things divine and human, the science of the just and the unjust.

According toProf .Cicero: Cicero defines jurisprudence as the philosophical

aspect of the knowledge of law.



According to encyclopedia Britannica:According to the encyclopedia

Britannica, jurisprudence is the name given to those studies, researches and

speculations which aim primarily at answering the plain mans question: what is law?

It is proposed to define law for the jurist and the sum of the influences that determine

decisions in court of justice. According to Pound :

The science law, the statement and systematic arrangement

of the rules followed by the courts and the principles involved in those rules.

According to LEE. Lee writes that jurisprudence is a science which endeavors to

ascertain the fundamental principles.

According to Clark . Clark writes that jurisprudence is the science of law in

general.

ALLEN's DEFINITION :-

Allen says: "It is a scientific synthesis of essential

principles of law" .According to Allen law is a proper and separate subject .It is an

analytic or systematic process to study the essential principles of law.

4. Scope of jurisprudence :The Scope of Jurisprudence is very wide and vast and it includes all concepts of

human order and human conduct. Jurisprudence applies on social, moral, economic

and religious values of human beings. Jurisprudence consists of the study of thenature of law and its related ideas. Austin has distinguished the laws from morality

and theology. Jurisprudence is about the nature of law and justice. It embraces

studies and theories from a range of disciplines such as history, sociology, politicalscience, philosophy, psychology and even economics.

5. Kinds of jurisprudence:Following are three main kinds of jurisprudence according to salmond

(i) Historical Jurisprudence:Historical Jurisprudence gives the

answers of the questions, origin of law, the development of law, evolution of law and philosophy of law. It constitutes the general portion of legal history. It deals with the

general principles governing the origin and development of law as also the origin

development of legal conceptions and principles found in the philosophy of law.

Legal history, records simply the changes which have occurred in the

development of lawMAIN FUNCTION OF HISTORICAL JURISPRUDENCE

• Catalogue the development of law,

• Allotting to each phase its true position in the completed narrative.

• It indicates the processes of change, and is therefore descriptive.

• It is the function of historical jurisprudence to interpret these changesand to expose the forces which have brought them about.



.

(ii) Analytical jurisprudence:The branch of jurisprudence gives

analysis to basic principles of civil and their interpretation. The purpose of this

branch of study is to analyse and dissect the law of the land as it exists today. Thisanalysis as the principles of the law is done without reference to their historical origin

or their ethical significance. Analytical jurisprudence it examines the relations of civil

law with other forms of law, analysis the various constituent ideas of which thecomplex idea of the law is made up.

For example

• The state, sovereignty and administration of justice.

• Investigates the theory of legislation. Judicial precedents

and customary law.• Inquires into the scientific arrangement of the law

• Deals with the conception of legal rights and legal liability,

• Examines such legal conceptions as property, possession, obligations

contracts, trusts, personality, intention, motive, negligence, etc, which by the reason of their theorectical interest deserve special attention.

(iii) Ethical jurisprudence:The branch of jurisprudence deals with basic

principles of ethics and moral values.Ethical jurisprudence is a branch of legal

philosophy which approaches the law from the viewpoint of its ethical significanceand adequacy. It deals with the law as it ought to be an ideal state. This area of study brings together moral and legal philosophy. It is connected with the purpose of which

the law exists and the manner in which such purpose is fulfilled. Salmond observes

that ethical jurisprudence is the meeting point and common ground of moral and legal philosophy of ethics in jurisprudence. Ethical jurisprudence has for as its object the

conception of justice, the relation between law and justice

OTHER KINDS OF JURISPRUDENCE Following are the other kinds of jurisprudence

Philosophical jurisprudence

it deals with philosophy of law. sciences and of philosophy it digs into the historical past and attempts to create the symmetry of a garden

out of the luxuriant chaos on conflicting legal systems.

Sociological jurisprudence :Sociology is the study of men in society. A sociologist considers law as a social

phenomenon. The object of sociological jurisprudence is to work upon jurisprudencewith reference to the adjustment of relations of ordering of conduct which is involved



in group life. A theme of this branch is to study living law in the same manner as a

psychologist studies living issue.

The most important branch of legal sociology is penology, which studies the causes

of crimes, behavior of criminal and effect of different theories of punishment. The

only principle in penology is to find out why a man does wrong to make it not worthhis while.

6. BENEFITS OF JURISPRUDENCE :-

Jurisprudence is basically a theoretical subject but it also has a practical and educational

value. The practical value or purposes of jurisprudence has been enumerated as under.

REMOVE THE COMPLEXITIES OF LAW:

One of the task of jurisprudence is to construct concepts and make law moremanageable and rational.

ANSWER THE NEW PROBLEMS:Jurisprudence can teach people to look around them and realize that answers to legal

problems must be found by a consideration of the present social needs and not in thewisdom of the past.

GRAMMER OF LAW:Jurisprudence is the grammer of law. It throws light on

the basic ideas and the fundamental principles of law e.g. negligence, liability

etc.

TRAINING OF MIND:

Jurisprudence trains the mind to solve the difficultlegal provisions in legal way.

GRASP ON THE SUBJECT:

It helps in knowing and grasping the language,

grammar, the basics of treatment and assumption upon which subject rests.

USEFUL IN LEGISLATION:

A study of jurisprudence helps legislators by providing them a precise and unambiguous terminology.

USEFUL IN ART OF PLEADING:

It helps the lawyers the proper use of legal

terminology. It teaches the lawyer correct use of legal terms, which is so essential for their task of pleading , it also brings about homogeneity and accuracy in legal

phraseology

TO INTERPRET LAW:It helps the judges and the lawyers in ascertaining the

true meanings of the law passed by the legislatures by providing the rules of

interpretation.



TO STUDY FOREIGN LAWIt enable a lawyer to study foreign law because the fundamental principles are

generally common to all systems of law.

USEFULL TO DEVELOPMENT OF LEGAL SYSTEMSJurisprudence aims to discover the

principals regulating the development of legal systems with a view to

comprehend the conceptions of different systems of law, to explain the origin of institutions and to study the conditions of their life.

TRAINING OF MIND:Jurisprudence trains the mind of student into legal

ways of thought and enables him to bring to bear on his work that legal acumen

which is so essential for his task. Jurisprudence trains the mind so as to enableto discover the legal fallacies which would otherwise remain unnoticed

SOLUTION OF NEW PROBLUM:In his practical work a lawyer has to tackle

new and difficult problems which might appear to him insolvable without a knowledge of

jurisprudence,.

PROVIDE TECHNICAL EQUIPMENT:

The logical analysis of legalconcepts sharpens the logical technique of the lawyer, and train students in how to

think profitably and for themselves. It provides as part of the training of lawyers,

something which a mere technical training in the substantive law cannot give them,something which is not only an addition to their technical equipment, but, an

outlook on the law as it stands in relation to other fields of knowledge.

DEVELOP THE SCIENCE OF LAW :

Jurisprudence develop the science of law,and to weave it into the common affairs of life to define the different provinces of law,

and to assign its different names to each to distinguish between the relations of the citizen

and the magistrate to each other.

EYE OF LAW

Jurisprudence is said to be the eye of law.

7. Conclusion:To conclude I can say that jurisprudence is science of laws.

Jurisprudence has very close relationship with all social sciences like sociology,history, economics, ethics, and politics. It has practical educational and legal value

with a lot of purpose.

introduction of jurisprudence

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