Meaning and Definition

of
Jurisprudence
• The study of jurisprudence started with the Romans.The term
Jurisprudence is derived from Latin word 'Jurisprudentia‘.

• It means either "Knowledge of Law" or "Skill of law".

• The word "juris" means law and prudentia mean knowledge,

science or skill.

• Thus Jurisprudence signifies knowledge or science of law and its

application. In this sense, Jurisprudence covers the whole body
of legal principles in the world.
• Jurisprudence in its widest sense means. " knowledge of the law“

• But in its limited sense evolution and explanation of general principles upon which
actual rules of law are based.

• It is mainly concerned with the rules of external conduct which people are compelled to
obey. Therefore sometimes it is said that jurisprudence is that science which gives us
knowledge about "law" but the term law we always use in its abstract sense i.e. not in
the sense of concrete statutes but in the sense of principles underlying law.

• Thus, for example, there are various branches of law existing in the modern legal system
such as contract, crime, trust, properties, companies, labor etc.

• In jurisprudence, we have to study the basic principles of each of these branches and
we are not concerned with the detailed rules of these laws.

• Jurisprudence examines the general principles of law, therefore, Jurisprudence may be

considered to be the study and systematic arrangements of the general principles of law.
Definition of Jurisprudence:

It is very difficult to define term 'jurisprudence', However, several attempts

were made in this context to define the term.

• Austin :

Austin was the first jurist to make jurisprudence as a science.

• He defines 'jurisprudence' as "the philosophy of positive law.“

• He opines that the appropriate subject to jurisprudence is a positive law

i.e. law as it is (existing law).

• In other words, jurisprudence is not a moral philosophy but it is a scientific

and systematic study of the existing, actual and positive law has
distinguished from natural, ideal or moral law.
• Austin divides jurisprudence into two classes. Viz 'general
Jurisprudence and Particular Jurisprudence.

• According to him 'General Jurisprudence is the philosophy of positive

law.

• On the other hand 'particular jurisprudence is the science of any such

system of positive law as now actually obtains or once actually
obtained in a specifically determined nation or specifically determined
nations.
•
Criticism:
Austin's definition criticised by Salmond and Holland and other Jurists
on the ground that it is not proper and appropriate to classify as the
general Jurisprudence and Particular Jurisprudence.
Holland:

An English Jurist Sir Thomas Erskine Holland defines,

Jurisprudence as, " Jurisprudence is the formal science of positive law'"
According to him jurisprudence should only concern itself with the basic
principles of concepts underlying in any natural system of law.

Criticism:

Many eminent jurists have criticised the definition of Holland

that jurisprudence is the formal science of positive law. It is not free
from defects. The question arises what is a formal science? Holland
himself explains that by the term 'formal' he means that jurisprudence
concerns itself with human relations which are governed by the rules of
law rather than the material rules themselves, for the latter are the
subject of legal exposition, criticism or compilation rather than
jurisprudence.
Salmond:

Salmond defines Jurisprudence as, " Jurisprudence is the science of the

first principle of the civil law."

According to Salmond Jurisprudence can be defined in two senses (1) in

the 'Generic Sense' jurisprudence can be defined as Science of Civil Law' and
(2) in the 'Specific sense' Jurisprudence can be defined as the science of the
first principle of civil law.

The Civil law consists of rules applied by Courts in the administration of

Justice. Salmond agrees with both Austin and Holland only to the extent that
jurisprudence is 'a science, a systematic study of basic principles of legal
systems.

Criticism :

Salmond's Definition has been criticised on the ground that he has

narrowed down the field of jurisprudence by saying that it is a science of civil
law and hence covers only particular legal system.
Gray :

According to John Chipman Gray " jurisprudence is the science of

law, the statement and systematic arrangement of the rules followed
by the Court and the principles involved in those rules."

Criticism:

Stone has Criticised Gray's Definition and said that Gray has
failed to determine any province of jurisprudence rather he has
reduced jurisprudence to merely a matter of arrangement of rules.
Scope of Jurisprudence
• There is no unanimity of opinion regarding the scope of jurisprudence.

• Different authorities attribute different meanings and varying premises to law and
that causes difference opinions with regard to the exact limit of the field covered
by jurisprudence .

• Jurisprudence has been so defined as to cover moral and religious precepts also
and that has created confusion .

• It goes to the credit to Austin that he distinguished law from morality and
theology and restricted the term to the body of the rules set and enforced by the
sovereign or supreme law making authority within the realm.

• Thus the scope of jurisprudence was limited to the study of the concepts of
positive law and ethics and theology fall outside the province of jurisprudence.
• There is tendency to widen the scope of jurisprudence and at the present we
include what was previously considered to be beyond the provinces of
jurisprudence.

• The present view is that scope of jurisprudence can not be circumcised or

regimented.

• It includes all concepts of human order and human conduct in state and society.

• Anything that concerns order in the state and society falls under the domain
jurisprudence.

• P.B. Mukharji writes that new jurisprudence is " both intellectual and idealistic
abstraction as well as behavioristic study of man in society. It includes political ,
social, economic and cultural ideas.

• It covers the study of man in relation to the state and society."

• The view of lord Radcliffe is that jurisprudence is a part of history , a part
of economics and sociology, a part of ethics and a philosophy of life.

Karl Llewellyn observes -

" Jurisprudence as big as law-and bigger".

Relations of Jurisprudence with other Social Sciences-

1) Jurisprudence &Sociology

2) Jurisprudence & Psychology

3) Jurisprudence & Ethics

4) Jurisprudence & Economics

5) Jurisprudence & History

6) Jurisprudence & Politics

Importance of the Study of Jurisprudence
Jurisprudence is also known as the “eye of law”. The human eye
senses the light reflected from objects in order to make them visible.
Similarly, jurisprudence throws light on several fundamental legal
concepts in order to facilitate their effective application

The purpose of jurisprudence is to study the law and legal concepts and analyze the
same to facilitate better understanding of legal complexities.

Therefore, the theories of jurisprudence are quite useful in solving complex legal
problems in the practical world.

The various studies and analysis of the legal concepts help a legal professional in
sharpening his legal acumen.

The subject has immense academic value.

• One of the most important features of jurisprudence is its relation with other
social sciences such as sociology, political science, ethics, etc.

• Therefore, research in the field of jurisprudence yields great amount of social

benefits.

• Moreover, jurisprudential concepts make way for sociological perspectives in

law, thereby preventing it from being reduced to rigid formalism.

• Jurisprudence is known as the “grammar of law”. It helps in the effective

expression and application of legal concepts to real-life legal problems. It
greatly helps in the interpretation of law and determination of legislative
intent.

• It stresses upon the importance of considering present social needs over the
ideas of the past while dealing with legal problems.
• Salmond attracted everyone’s attention to the
fact that jurisprudence has its inherent interests
like other subjects of law. For so long, the
research work done on jurisprudence may have
their effect on contemporary socio-political
thought or idea.

• Jurisprudence also has its practical applicability in

one way or the other in the field of law. It helps
advocates in practice to apply and adopt different
legal theories whenever required.
• It is considered as a secondary or subsidiary
subject but has a high value in educational
institutions.

• Jurisprudence is an essential subject for

the study of law. The logical analysis by
jurists of legal concepts and theories broadens
the outlook of advocates and sharpens their
sensible technique to look a case effectively. It
helps lawyers overlook their rigidness and
formal nature and trains them to work and
focus on social realities.
• Holland observed, “the ever-renewed complexity of
human relations call for the increasing complexity of
legal details, till a merely empirical knowledge of law
becomes impossible.” From this, we can derive that
jurisprudence throws light on the basic ideas and the
fundamental principles of law in society. This is the
reason it is considered as “the eye of law.”

• The study of jurisprudence helps students, interns,

and all practicing advocates in developing the
correct thinking and prepares them for an honest life
ahead. The knowledge of law also helps them to face
every necessity related to human affairs boldly and
courageously.