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This document discusses the definitions and differences between jurisprudence and law. It begins by defining jurisprudence as the philosophy or theory of law, and noting that it is considered both an art and a science. The document then discusses several definitions of jurisprudence provided by different jurists. It outlines some key differences between law and jurisprudence, such as law having organic growth while jurisprudence provides theoretical analysis. The document also states that jurisprudence is called the "eye of law" as it provides mechanisms for interpreting laws, and the "grammar of law" as it provides structure and terminology for the legal system similar to how grammar provides rules for language.

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Sarkar Basit
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615 views

Assignment

This document discusses the definitions and differences between jurisprudence and law. It begins by defining jurisprudence as the philosophy or theory of law, and noting that it is considered both an art and a science. The document then discusses several definitions of jurisprudence provided by different jurists. It outlines some key differences between law and jurisprudence, such as law having organic growth while jurisprudence provides theoretical analysis. The document also states that jurisprudence is called the "eye of law" as it provides mechanisms for interpreting laws, and the "grammar of law" as it provides structure and terminology for the legal system similar to how grammar provides rules for language.

Uploaded by

Sarkar Basit
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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Why jurisprudence is called an eye and grammar of law and how

does it differentiate from law?


Basitur Rahman.

Student of Bachelor of Law (Five Years)

5th semester

Roll No: 14

English Jurisprudence.

Department of Law

Abdul Wali Khan University Mardan

Khyber Pakhtunkhwa Pakistan


Table of Contents

1. Introduction.
2. Definition of Jurisprudence.
3. Importance and Utility of Jurisprudence
4. Jurisprudence is the eye of Law.
5. Jurisprudence as a Grammar of law.
6. Differences between Law and Jurisprudence.
7. Conclusion.

__________________________________________________________________

Introduction:
The word jurisprudence comes from the Latin word ‘jurisprudentia’. Juris
means law and prudentia means knowledge. So jurisprudence stands for “knowledge
of the law” or “wisdom of the law” or “philosophy of the law”. In general sense,
Jurisprudence is the knowledge which deals with law. The study of jurisprudence
started with the Romans. Bentham is known as Father of Jurisprudence.

Jurisprudence is the theory or philosophy of law. In its nature it is entirely a


different subject from other social science because it is not codified but a growing
and dynamic subject having no limitation on itself. It is called both art and science.

In science, we draw conclusions after making a systematic study by


inventing new methods. By applying this concept we can say that jurisprudence is a
science. But everybody cannot master it hence it is an art.
Definition:

There is no universal or uniform definition of Jurisprudence since


people have different ideologies and notions throughout the world.
It is a very vast subject. The views of some jurists regarding jurisprudence is
specified as;

According to Austin’s view, the jurisprudence is the science concerned with


Positive. It has nothing to do with the goodness or badness of law.

Salmond’s observed that “In jurisprudence, we are not concerned derive rules from
authority and apply them to the problem, we are concerned rather reflect on the
nature of legal rules, on the underlying meaning of legal concepts and on the
essential features of the legal system.”

Importance and Utility of Jurisprudence:

Jurisprudence in basically a theoretical subject but it also has a practical


and educational value. The enumerated as under,

(i) Remove the complexities of law:

One of the task of jurisprudence is to construct concepts and make law


more manageable and rational.

(ii) 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.

(iii) Grammar of Mind:


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

(iii) Training of Mind:

Jurisprudence trains the mind to solve the difficult legal provisions in legal
way.
(v) Grasp on the subject:

It helps is knowing and grasping the language, grammar, the basis of


treatment and assumption upon which subject rests.
(vi) 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.

(vii) 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.

(viii) To study foreign law.

It enable a lawyer to study foreign law because the fundamental principal


are generally common to all systems of law.

Jurisprudence is Eye of Law:

On account of importance of jurisprudence in the field of law it is called, “The


eye of Law”. The eyes are one of the most important parts of human body. Almost
all human activities and the movements of body are possible only through them.
Unless man can see anything properly, he cannot do any work. The
reason of calling jurisprudence the ‘the eye of law’ is that jurisprudence
functions for law in the same manner as the eyes do in human body

Drawing a parallel, jurisprudence functions for law in the same manner as it


provides for the mechanism of interpretation of the laws. It is very important for
society.

For lawyers, judges, students, and citizens. Jurisprudence is an integral part of


the law as it combines logical and theoretical analysis of legal concepts just like
English grammar Law is a system of rules that are created and enforced through
social or governmental institutions to regulate behavior.

Law is a system that regulates and ensures that individuals or a community


adhere to the will of the state. State-enforced laws can be made by a collective
legislature or by a single legislator, resulting in statutes, by the executive through
decrees and regulations, or established by judges through precedent, normally in
common law jurisdictions. Private individuals can create legally binding contracts,
including arbitration agreements that may elect to accept alternative arbitration to
the normal court process.

Jurisprudence is the language of the law as it gives language to the law which
could be understood by the followers. Grammar is an important part of learning a
language, it includes the rules for correct writing and speaking, grammar includes
the instructions for how a language should be used correct.

Grammar of Law

Jurisprudence is known as the grammar of all laws. Grammar is a logical


subject having its plethora of rules to learn which guides the basics of the English
language. It gives structure to it. Similarly, jurisprudence is the base for the learning
of law and its nomenclature; it is the spirit of the law. It is the elucidation of the
general principles upon which the actual rules of law are based. Jurisprudence has
answers for each kind of law; natural law, civil law, criminal law, etc.
It provides answers to questions such as;

1. What is law?
2. How do judges decide cases?
3. How does law shape society?

It studies the fundamental or general elements of law; every law has its
essence in jurisprudence by being based on it.

The rationale, legal language, construction, structure, terminologies of law is


based on jurisprudence. it is pervasive in each law. It also helps in knowing the
language, grammar, the basis of treatment, an assumption upon which subject rests.
Further, it throws light on the essential ideas and fundamental principles of law e.g.
negligence, liability, etc. Just like English grammar has some rigid and precise rules
jurisprudence. It provides precise rules and unambiguous terminology to legislators
and relieves them from repeated denying of concepts.

This helps lawyers for their task of pleading. Grammar is a set of rules and so
is jurisprudence which has its own rules of statutory interpretation like rules of
construction, rule of literal interpretation, the golden rule, etc. With the help of these
rules, it serves to render the complexities of a more manageable and rational way
which can help to improve practice in the law. These rules help judges and lawyers
to ascertain the true meaning of the laws passed by the legislature. These rules not
only help to interpret the law but also help to determine the validity of the law, to
apply the correct law on any situation, etc. The correct basic principles of the English
language are provided by grammar and for the law it is provided by jurisprudence
Differences between Law and Jurisprudence.
Law is the body of official rules and regulations, generally found in
constitutions, legislation, judicial opinions, and the like, that is used to govern a
society and to control the behavior of the members of a society.

Law has unconscious organic growth, it found and not artificially made. Law is not
universal in nature.

 Law is the result of Constant struggle:


According to Ihering; the development of law like its origin is neither
spontaneous nor peace full. It is the result of constant struggle with a view to
attain peace and order.
Law is the guarantee of the conditions of life of society.
 Law is to serve for social purpose: As a result of social changes
comes through law that is social purposes comes in conflict with the
duty of the State is to protect and further social purposes to suppress
those individual purposes which clash with it. Therefore, law is coercion
organized in a set form by the State.
 Law protects Social Interest:- Law is a such type of instrument
which protects the social interest of the people. According to Bentam it is
the persuit the pleasure and avoidance of pain.
 Law is to found in social facts:- AS per Ehrlich, That the law of
community is to be found in social facts and not in formal sources of law.
He says at present as well as any other time the center of gravity of
legal development lies not in legislation, nor in juristic science, nor in
judicial decision but it lies in society itself. It is a social changes.
While Jurisprudence trains critical thinking this accompanied by being
competent to use accurate legal terminologies and expression. That is to say, the
knowledge of jurisprudence teaches people to look not only forward, at least
sideways and around them and realize that answers to a new legal problem must be
found by a consideration of present social needs and not in the
wisdom of the past. Jurisprudence is a type of science that explores the creation,
application, and enforcement of laws. Jurisprudence is the study of theories and
philosophies regarding law. If we understand the theories and philosophies behind
law, then we can better understand our laws.

It is the methods of legal reasoning, legal systems, and legal institutions. Its
study covers such concepts as how we know what law is, what are the sources of
law and any obligation to obey it, and what difference there is between law and
justice. Often included is analysis of how competing concepts of liberty, equality,
neutrality, and choice of law affect judicial decisions. The focus is on the practical
application of legal concepts.

Conclusion:

To conclude, I can say, Jurisprudence is the body of principles and


practices that underlie a legal system, particularly as it applies to the work of
applying and adjudicating laws (e.g. lawsuits, legal review, interpretive rules). It is
directed to the practice of law. 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.

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