Juris

Jurisprudence?
What is Jurisprudence?
Definitions by:
Austin, Holland, Salmond
Jurisprudence is the study of theory of law.
In Latin Jurisprudentia- Knowledge of Law.
Legal theorists speak of nature of law, of legal reasoning, legal
systems and of legal institutions.
Modern jurisprudence began in the 18th century and was focused on the
first principles of the natural law, civil law, and the law of nations.
Three primary schools of thought in general jurisprudence.
Natural law is the idea that there are rational objective limits to the
power of legislative rulers. The foundations of law are accessible through
human reason and it is from these laws of nature that human-created laws
gain whatever force they have.
Legal positivism, it holds that there is no necessary
connection between law and morality and that the force of law comes
from social domination or heirarchy.
Legal realism argues that the real world practice of law is actual law;
what legislators, judges, and executives do is what is law.
Jeremy Bentham is known as Father of Jurisprudence.
Bentham distinguished:
1. Law as it is
Expositorial Approach
Command of Sovereign.
2. Law as it ought to be
Censorial Approach
Morality of Law.
Utalitarianism:
How much pleasure or pain does the law bring?
Man is a pleasure seeker.
Laissez-faire: Minimum interference of law in economic life of the citizen.
Austin said - law is command of sovereign.
Legal Positivism:- separates moral rules from positive law.
law is command issued by the soverign
commands are backed by threats of sanctions
a sovereign is one who is habitually obeyed

Criticism of Austin
1. State enforces law, anything enforced does not become law.
2. Laws in primitive societies without clear soverign.
Hollands DefinitionAnalytical - Positive laws.
1. General rules for people enforced by a state.
2.
3.
4.
5.
6.
7.
Study the form and not the implementation. What law intends to
achieve is what is law.
How positive law is applied is not the concern of Jurisprudence.
Jurisprudence is not concerned with the actual material contents of law
but only with its fundamental conceptions.Therefore, itis a Formal
Science.
It is product of intellectual enquiry.
Formal Science deals only with purposes, methods and ideas of
the basis of the legal system.
Holland is concerned only with the form and not the intricacies.
Criticizism:
Focus is on form or essence, but practice is affected by actual
conditions, social life, and human relations in a society.
Salmond- He said that Jurisprudence is Science of Law of the land or
civil law.
He divided Jurisprudence into two parts:
1. Generic- This includes the entire body of legal doctrines.
2. Specific- This deals with the particular department or any portion of the
doctrines.
Specific is further divided into three parts:
1. Analytical, Expository or Systematic- It deals with the contents of an
actual legal system existing at any time, past or the present.
2. Historical- It is concerned with the legal history and its development
3. Ethical- According to him, the purpose of any legislation is to set forth
laws as it ought to be. It deals with the ideal of the legal system and the
purpose for which it exists.
Criticism - Gave the structure and failed to provide any clarity of thought.
Conclusion- Thus, we can safely say that Jurisprudence is the study of
fundamental legal principles.
Scope of JurisprudenceSystematic study of laws and their impact on society.
Specific and general study allows for development of civilized society.
Significance and Utility of the Study of Jurisprudence
1.
Jurisprudence contribute to the development of legal, political and

social school of thoughts.
2. Establish fundamental principles of law.
3.
Define legal objectives. Make laws simple and more effective. Not
long and unimplementable. Also allow them to change over time with
Society.
4. Study context of laws in details and their actual
implementation. Taking notes of developments in society. Like Internet.
5. Guides in ambigous legal terminology and expression.
6. Provides rules of interpretation.
7. Jurisprudences role is Normative that deals with the improvement of
law in prevailing socio-economic and political philosophies.
Relationship of Jurisprudence with other Social Sciences
1. Jurisprudence and Sociology Its Normative. Influence of law on society and social welfare.
2. Jurisprudence and PsychologyPsychology has a close connection with Jurisprudence.
Eg. Criminological Jurisprudence. Study, motive behind a crime, criminal
personality, reasons for crime etc.
3. Jurisprudence and EthicsWhat is Ideal Human Behaviour?
a. Moral Code - Establish laws based on Ethical Principles and Natural Law.
b. Positive Moral Code- to establish principles of Equality, Freedom,
etc. in the light of public opinion.
c. Ethics are used to criticize laws and develop new ones.
4. Jurisprudence and Economics- Economics studies mans efforts in
satisfying his wants and producing and distributing wealth. Jurisprudence
adds legal aspect to it.
Like Benthams attitude of Laissez Faire, and Minimum interference in
economic life.
5. Jurisprudence and HistoryStudy of past and laws. Past Laws, their drawbacks. Social and historical
significance of present laws.
6. Jurisprudence and PoliticsA politically organized society, regulates lifes of its citizens using laws. Its a
mutual relationship.

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Jurisprudence?

law is command issued by the soverign

commands are backed by threats of sanctions

a sovereign is one who is habitually obeyed

Jurisprudence contribute to the development of legal, political and

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