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Jurisprudence

This document discusses the meaning and definition of jurisprudence and its interconnection with other social sciences. Jurisprudence is defined as the knowledge or skill of law. It is closely related to other social sciences like sociology, psychology, ethics, economics, history, and politics as they all examine human behavior in society. For example, sociology helps understand the social causes of crime, psychology provides insights into the criminal mind, and economics addresses how laws can promote social and economic welfare. A proper study of jurisprudence requires an understanding of these related social sciences as the various fields are interconnected and influence each other.
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0% found this document useful (0 votes)
340 views9 pages

Jurisprudence

This document discusses the meaning and definition of jurisprudence and its interconnection with other social sciences. Jurisprudence is defined as the knowledge or skill of law. It is closely related to other social sciences like sociology, psychology, ethics, economics, history, and politics as they all examine human behavior in society. For example, sociology helps understand the social causes of crime, psychology provides insights into the criminal mind, and economics addresses how laws can promote social and economic welfare. A proper study of jurisprudence requires an understanding of these related social sciences as the various fields are interconnected and influence each other.
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© © All Rights Reserved
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JURISPRUDENCE AND INTERCONNECTION

WITH OTHER SCIENCES

Submitted By

NITIN RAJ (A460170122004)

LLB(Hons)

II Semester

Amity Law School,

Patna (Apr 2023)


INTRODUCTION

Meaning of Jurisprudence:

It is difficult to give a universal and uniform definition of


jurisprudence. Each lawyer has his own idea of the subject, and
the proper limits of jurisprudence depend on his ideology and
the nature of society. The study of jurisprudence began with the
Romans. The Latin equivalent of the word "jurisprudence" is
jurisprudentia1. The term jurisprudentia is composed of two
words (1) Juris (2) Prudentia. The term juris means law and the
term prudentia means knowledge/skill. Thus, the term
jurisprudence means the knowledge of law or the skill of law.

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Definition of Jurisprudence:
Some Juirsts defines jurisprudence as follows:

1. Aman – According to Aman, the science of jurisprudence


deals with positive law, laws strictly so called. It has nothing to
do with the goodness or badness of the law.
2. Salman – Defines jurisprudence as “legal science”. By law he
means land or civil law.
3. Sir Thomas Erskine Holland - Defines jurisprudence as "the
formal science of positive law". It is a formal or analytical
science rather than a materials science. The term positive law
means a general rule of external human action enforced by a
sovereign political authority.
4. Kirti - Considers jurisprudence as "the study and systematic
arrangement of the general principles of law."
5. Tom - Says that jurisprudence is "the science of law, the
statement and systematic arrangement of the rules by which the
courts are governed, and the principles involved in those rules."

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INTER-RELATION OF JURISPRUDENCE
AND INTERCONNECTION WITH
OTHER SOCIAL SCIENCES
Legal science is closely related to other social sciences because
they all deal with human behavior in society. G. M. Paton
pointed out the relationship between jurisprudence and other
social sciences, noting that “modern jurisprudence ditches the
field of social science and philosophy; it delves into the
historical past and attempts to create the symmetry of a garden
out of the lush chaos of conflicting legal systems." Julius Stone
explained the relationship between the two as follows:
"Jurisprudence is the lawyer's extraversion.
Roscoe Pound, who proposed a theory of law as "social
engineering", also said that jurisprudence is closely related to
other social sciences which, although distinct enough at the
core, mutually overshadow each other. Simply put, we can say
that different fields of knowledge are so interconnected that
none of them can be studied in isolation. All social sciences are
closely related. All examine the actions of human beings living
in society from different points of view and with different goals.

Relation between Jurisprudence and other social sciences:-


Firstly, Jurisprudence and Sociology – The attitude of
sociologists to law is different from that of a lawyer, who in his
profession deals with the rules that people must follow. He is
not interested in how and to what extent these rules actually
govern the behavior of ordinary citizens.

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There is a separate branch of sociological jurisprudence based
on sociological theories and basically deals with the effect of
law on society as a whole, especially social welfare. In the case
of crime in society, its causes are largely sociological, and to
understand their pros and cons one must know the society.
Sociology helped jurisprudence in approaching the problem of
prison reforms and suggested ways and means to prevent social
wrongs.
Behind all the legal aspects there is something social. The
causes of crime are partly sociological, and an understanding of
sociology helps policymakers in their task of prison reform and
crime prevention. The birth and growth of sociology gave a new
direction to the study of jurisprudence.

Secondly, Jurisprudence and Psychology – Psychology has


been defined as the science of mind and behavior. It is
recognized that no humanities can be properly discussed
without a thorough knowledge of the human mind, and
therefore its close connection with jurisprudence. In the study of
criminal law, there is great scope for studying psychological
principles to understand the criminal mind behind the crime. It
is the lawyer's duty to understand the criminal and the workings
of the criminal mind.
Jurisprudence deals with a person's external behavior, not his
thoughts and mental processes, but penology benefited from the
knowledge made available by psychological research..

Third, Ethics and Jurisprudence – Ethics has been defined as


the science of human behavior. It deals with how a person
behaves and what should be the ideal human behavior. Ethics is

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concerned with good or right human behavior in the light of
public opinion.
Jurisprudence is related to positive morality in the sense that
law is seen as a tool through which positive ethics seeks to be
enforced. Positive morality does not depend only on the good
actions of a good person.

Fourth, Economics and Jurisprudence – Economics studies


human efforts in satisfying his wants and the production and
distribution of wealth. Economics is the science of wealth and
jurisprudence is the science of law. There is a close relationship
between the two. Economic problems arise from day to day and
it is the duty of the legislator to solve these problems.
Jurisprudence teaches legislators how to make laws that will
promote social and economic welfare. Both economics and
jurisprudence focus on improving people's lives.
The intimate relationship between the economy and
jurisprudence was first emphasized by Karel Marx, and the
interpretation of the jural relationship in the light of economic
factors is given considerable attention by lawyers..
Fifth, History and Jurisprudence – History studies past events
from their various perspectives. The relationship between
jurisprudence and history is so close that there is a separate
historical school of jurisprudence. History provides the
background against which a correct conception of jurisprudence
can be realized.
Sixth, Jurisprudence and Politics – Friedman rightly points
out that jurisprudence is connected at one end to philosophy and
at the other end to political theory. Politics deals with the
principles that govern governmental organizations. In a
politically organized society, there are regulations, which can be
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called laws, which authoritatively determine what a person may
and may not do..

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CONCLUSION

Jurisprudence is the eye of law. It is the grammar of law. It


illuminates the basic ideas and basic principles of law. But a
lawyer must study social sciences to study jurisprudence.
Different fields of knowledge are so interconnected that none of
them can be studied in isolation. All social sciences are closely
related. All social sciences must be collaborators, and
emphatically all must be collaborators with jurisprudence. All
social sciences are the study of man in society. It is the study of
human interrelationships and interactions. The field of social
science has the whole life of men in the struggle in society, all
the activities by which men sustain themselves in the struggle
for existence.
Law deals with the study of the entire set of legal principles.
The law controls and regulates the subject, i.e. the citizen. The
knowledge of jurisprudence and social sciences help each other
by taking into account human and sociological aspects
Jurisprudence was the first of the social sciences to be born. Of
all men, judges and legislators were the first who were
compelled to seek a clear and conscious knowledge of the
principles by which human beings live together. Such
knowledge of the foundations of society was first acquired by
learning to distinguish between right and wrong. It long
preceded any mere theoretical curiosity and was driven by the
necessities of life.

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BIBLIOGRAPHY & WEBLIOGRAPHY

1. JURISPRUDENCE AND LEGAL THEORY -


V.D.MAHAJAN.
2. SOCIOLOGY – Dr. S.R.MYNENI.
3. HUMAN SOCIOLOGY – DIPANKAR GUPTA.

1. en.wikibooks.org/wiki/French.
2. lawandotherthings.blogspot.com.
3. books.google.co.in.

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