Ø
Trace out the
etymological origin of the word ‘jurisprudence’. Also describe its proper
subject matter?
Ø Define jurisprudence. Elaborate the
relationship of jurisprudence with psychology, Ethics and Economics.
ETYMOLOGY
OF JURISPRUDENCE & ITS RELATION WITH OTHER SCIENCES
1. Literal
Meaning of Jurisprudence:
Jurisprudence is derived from two Latin words: Juris means law,
and Prudentia means knowledge, study, philosophy, science or art. Hence,
literally it means knowledge, study, philosophy, science or art of law.
2. Counterpart Terminologies:
·
The counterpart
terminology of jurisprudence in France is la philosophie du droit which means
‘the philosophy of rights, i.e. of law’.
·
Its counterpart
terminology in German is Rechtsphilosophie, i.e. ‘the philosophy of rights.
3. Usage of the Term
Jurisprudence:
Jurisprudence has been used to denote different things:
·
In the Institutes of
Justinian it was defined as the knowledge of what is just and unjust.
·
In sixteenth century
in Europe it was used to signify the knowledge of Roman Law
·
In France it has been
used to for collection of the principles relating to a particular field of law,
e.g., equity jurisprudence, criminal jurisprudence etc.
·
It is also used to
denote the whole corpus (body) of law of a particular country, e.g. Pakistan
Jurisprudence, English Jurisprudence, American Jurisprudence etc.
·
It has also been used
express the collection of the decisions of a Courts, i.e. Case Laws, e.g. ICC
Jurisprudence, Jurisprudence of Supreme Court of Pakistan etc.
4. Current Meaning:
However, the term Jurisprudence with which we are
concerned in LL.B., shall mean the knowledge of law. This is scientific or
analytical knowledge of the law in abstract sense (first principles of
law).
5. Relation of Jurisprudence
with other social sciences
Jurisprudence is studying law, law is regulating the conduct of
individuals and individuals are living and forming societies. Therefore, law is
an important social phenomenon which is making jurisprudence as a Social
Science.
However, there are several other Social Sciences, like Ethics,
Political Science, Sociology, Psychology etc. Now, it is logical that these
social sciences should be interlinked with each other at some point.
Moreover, these social sciences could not be studied in isolation.
In other words, none of these sciences can be understand with having a fair
knowledge of others. Jurisprudence, being a social science is, in fact, related
with other social sciences. Following paragraphs narrate the relation of
jurisprudence with other sciences:
a.
Jurisprudence and Sociology
Jurisprudence is the study of law and sociology is the
study of society and it is also discusses law but from a different stand-point.
Therefore there is a link between jurisprudence and sociology.
Jurisprudence is concerned with legal rules that
actually exist; however, sociology is studying the effectiveness of those legal
rules and their impacts on society.
b.
Jurisprudence and Politics
Politics studies the principles responsible for the
governmental organization. Whereas, jurisprudence is analyzing those
principles. Moreover, in a political society there exist rules for the
regulation of human being conduct which are the subject-matter of
jurisprudence. Hence, there is a close connection between the two.
c.
Jurisprudence and Ethics
Ethics is the science of human conduct. It projects an
ideal human behavior, in the light of which it suggests a course of conduct for
individuals living in societies. Whereas, jurisprudence is discussing the
imperative rules, actually existing in the societies. However, those rules are
also connected with the behavior of human beings in societies.
Therefore,
both of the science is interrelated. Due to the close relationship and
interdependency of these sciences, there emerged a branch of jurisprudence
known as Ethical Jurisprudence, discussing the ideal human behavior or which is
the study of law as it ought to be.
d. Jurisprudence
and Psychology
Psychology
is the ‘science of mind and behavior’, whereas, jurisprudence is discussing
law.
Law is
aimed to be followed by individuals, and individuals can only follow law if
they intend to follow.
Therefore,
intention is the very basic element behind every law, and particularly in
criminal law the concept of mens rea is having immense importance. Therefore,
jurisprudence and psychology both are closely inter-related human sciences.
e. Jurisprudence
and Economics
Economics
is the science of wealth and jurisprudence is the science of law. Economics
studies the production and distribution of wealth and law is responsible for
establishing a fair distribution of wealth through rules.
Moreover,
studies show that economic factors are responsible for the increasing rate of
criminal activities, which again brings the two in close relation with each
other.
Furthermore,
economics aims at improvement of the standards of human lives whereas, this
could not possible if a peaceful environment is not available which is possible
through the application of laws. Therefore, there is a close relationship between
the two.
f.
Jurisprudence and History
History
is the scientific narration of the past events, whereas, jurisprudence is the
science of law. Law has not come into existence overnight, as a matter of fact,
it has developed through ages. History helps jurisprudence in digging out the
origin and evolution of different legal rules. Owing to its importance, there
developed a separate branch of jurisprudence, known as Historical
Jurisprudence. Therefore, it may concluded that there is a close relation between
jurisprudence and history.
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