Jurisprudence & its practical value or Scope

Jurisprudence & its practical value or Scope

1. Introduction:

The study of jurisprudence started with the Romans. The definitions gives by the Roman jurists are vague and inadequate. Jurisprudence in its nature is entirely a difference subject from other social sciences.  The reason for this is that it is not codified but a growing and subject. The jurisprudence has no limited scope being a growing subject. Jurisprudence is the name given to a certain type of investigation into law

“Jurisprudence is as big as law - and bigger”

Actually it means elucidation of the general principles upon which actual rules of law are based. It is a mansion having many rooms in it as it is as much interested in diversity as in uniformity.

2. Literal meaning:

The word jurisprudence is derived from the Latin word “jurisprudentia” which means “knowledge of law”- “Juris” means law and “prudentia” means skill or knowledge. Thus, jurisprudence signifies knowledge of law and its application.

3. Nature of jurisprudence 

There is difference of opinion about the nature of jurisprudence.  It is called both art and science.  But to call it science would be more proper and useful. The reasons for this are that just as in science we draw conclusions after making a systematic study by investing new methods.

4. Scope of Jurisprudence:

According to justice P.B.Mukherjee: ,” Jurisprudence is both an intellectual and idealistic abstraction as well  as behavioral study of man in society.  It includes political, social, economic and cultural ideas.  It covers that study of man in relation to state and society.”

There is no unanimity of opinion regarding the scope of jurisprudence. It may be discussed under the following three heads.

(a)Early Period:

In the early period, jurisprudence has been so defined as to cover moral and religious percepts also and that has created confusion.

(b)Austinian Period:

It was the Austin, who distinguished law form morality and theology.  So the scope of jurisprudence was limited to the study of the concept of positive law only.

(c)Modern Period:

At present, there is a tendency to widen the scope of jurisprudence. It includes all concepts relating to human order and  human conduct in state and society.

5. Contents Of Jurisprudence:

                The following are the contents of jurisprudence:-

(a)     Sources:  

It is true that the basic features of a legal system are mainly to be found in its authoritative sources. Under this head matters such as custom, legislation, precedent as a sources of law, prose and cone of codification of laws, methods of judicial interpretation and reasoning, an inquiry into the administration of justice etc., are included for study.

(b)     Legal Concepts :

Jurisprudence includes the analysis of legal concepts such as rights, title, property, ownership, possession, obligations, acts, negligence, legal personality and related issues.

(c)     Legal theory

Legal theory  is  concerned  with  law as it  exists and  functions  in the  society.  It is therefore necessary that while analyzing legal concepts, and effort should  be  made to present them in the  background of social developments and changing economic and political attitudes.

6.Austin’ s Definition of Jurisprudence:

                Austin defines jurisprudence as “The philosophy of positive law” positive law laid down by a political superior for controlling the conduct of those subjects to his authority.

(a)Divisions Of Jurisprudence By Austin:

Austin divided the jurisprudence into following:

(i)       General Jurisprudence

(ii)     Particular Jurisprudence

General Jurisprudence includes such subject or ends of law as are common to all systems. Particular Jurisprudence is the science of any actual system of law or any portion of it.

7.Salmond’ s Definition:

                Salmond defines Jurisprudence as “The Science of Law”. By law he means the “law of the land” Or “civil law”. Salmond uses the term Jurisprudence is two senses.

(i)      Generic sense:

Generic jurisprudence includes the entire body of legal doctrines. In that sense, jurisprudence is of 3 kinds.

(a)Expository or Systematic Jurisprudence:

It deals with the contents of an actual legal system as existing law at any time.

(b)Legal History:

It deals with the history of development of law.

(c)Science of legislation:

The purpose of the science of legislation is to set forth law as it be.

        (ii) Specific Sense:

Specific  jurisprudence deals with a particular department of legal doctrines. In this sense, it is also called theoretical or general jurisprudence . it is also defined as “the science of the first principal of the Civil Law.”

In this sense, he divides the subject into 3 branches:

(a)     Analytical Jurisprudence

(b)     Historical Jurisprudence

(c)     Ethical Jurisprudence

Branches of jurisprudence:

Jurisprudence can be divided into three branches.

(a) Historical Jurisprudence:

Historical jurisprudence deals with the general principles governing the origin and development of law, with influences that affect law, with the origin and development of those legal conceptions and principles.

(b) Analytical Jurisprudence:

Analytical jurisprudence analyses the first principles of law as they exist in a legal system.

(c) Ethical or philosophical jurisprudence:

It deals with the first principles of ethical significance and adequacy of law.

8. Definition of Jurisprudence At Present Stage:      

The term jurisprudence may be described as any thought or writing about law and its relation to other disciplines such as philosophy, economics, anthropology and many others.

9.Importance   And Utility Of  Jurisprudence:

   Jurisprudence  in basically a theoretical subject but it also has a practical  and  educational  value. The enumerated as under.

(a)     Remove the complexities of  law:

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

(b)     Answers the new problems:

Jurisprudence can teach people to look around them and realize that answers to new legal problems must be found by a consideration of the present social needs and not in the wisdom of the past.

(c)     Grammar of Law:

Jurisprudence is the grammar of law. It throws light on the basic ideas and the fundamental principles of law e.g., negligence, liability etc.

(d)     Great educational value:

Jurisprudence has great educational value. The logical analysis of legal concepts widens the outlook of lawyers and sharpens their logical technique. It helps in knowing and grasping the language, grammar, the basis of treatment and assumption upon which subject rests.

(e)     Useful  in Art of pleading and legislation:

It helps legislators and the lawyer the proper use of legal terminology. It relieves them of the botheration creation of defining again and again certain expressions e.g., right, duty etc.

(f)      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.

(g)     To study foreign law.

It enable a lawyer to study foreign law because the fundamental principal are generally common to all systems of law.

(h)     Importance under the light of different jurists:

By Dr. M.J Sethna: The value of jurisprudence lies in examining the consequences of law and its administration on social welfare and suggesting changes for the betterment of the superstructure of laws.

By M. Dias:The study of jurisprudence is an opportunity for the lawyer to bring theory and life into focus, for it concerns human thought in relation to social existence.

9. Conclusion:

To conclude, I can say, that jurisprudence is the science of law and there are different methods of approach to it. The true purpose of the study of jurisprudence should not be confined to the study of positive law alone but must  include normative study, that deal with the improvement of law in the context of prevailing, socio-economic and political philosophies of time, place and circumstances.