JURISPRUDENCE INTRODUCTION: Jurisprudence is the study of the philosophy of law or the knowledge of law. Jurisprudence can cover the law aa whole. is actually theoretical aspect of word law. Jur sat understanding and exploring into the concept of law ie. to study the things behind and related to the law, the things which lie at the core and the essence of the law. Jurisprudential study is essentially a legal thought i.e. application of mind by a jurist not only upon the individual law as to how they apply upon the practical situation rather more essentially upon the essential principles the purpose, the origin, the revolution of growth of the law. A jurist may be interested in simply understanding the essence of the law or in understanding the essence for the purpose of suggesting reforms in the law and the legal system. It is used to understand the essence and problem of law and legal system and reform the law accordingly. Jurisprudence helps in better understanding of law and removes the complications of law. Jurisprudence is certain type of inquiry or investigation into law. aii MEANING AND 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. Jurisprudence in a limited sense means the illustrations of general principles upon which the acted rules based. It concer ed.with rules s of exter nal t n conduct. “The Ey English word Jurisprudence has been taken from a Latin word “Jurisprudentia”, which consists of two words, Juris 4- S$ identia mea” means d Pru literally Me ; origi OL ng mudence starte i 5 law an and Prudentia. Juris means law “2 Knowledge. Jurisprudence, the efol ¢, The knowledge of law and its applicalnat visprud practice of studying law in the form of. a ence has at “In Rome at the beginning. The term Jurispru , times as different times been used in different senses; some! and synonyms of law; sometimes as a philosophy of law; a = sometimes as the science of law. Presently, Jurisprudence t aptly termed as the “Legal Theory”. It is very difficult to define term jurisprudence’. However, several attempts were made in this context to define the term. Some of the definitions of the term "jurisprudence" given by various eminent jurists are as under — 1, HOLLAND: An English Jurist Holland defines, Jurisprudence as," Jurisprudence is the formal science of ittue law”. It is anaiytical science rather than material By ‘formal science’ he means that which deals with the various relations which are regulated by legal rules. It describes only the form or the external sight of the subject. Holland said that Jurisprudence science because it is a systematized and properly coordinated knowledge of the subject of intellectual enquiry. The term Positive Taid, confines the enquiry’to these social "ations » regulated by thevules imposed by the &tate: ifforced by the Court of law. Therefore, it isa mal Science of positive law. | ecording to him,jarisprudence should only concern itself with the basic principles of concepts underlying in any natural system oflaw. Ie criticized the-division of the subject intogeneral and particular~He pointed out that science deals witicthe relations of the mankind which2. | are regardey lasha si ith Shay y sonsequence, the rules w ing legal consequence, but not with hich create those relations S, ALMOND: He said that Jurisprudence is Science of Law. fa. By law he meant law of the land or civil law 3 —- goodness He divided Jurisprudence into two parts: 1. Generie- This includes the entire body of legal doctrin — “ 2. Spec i This deals with the particular departmentor any portion of the doctrines. ‘Specific’ is further divided into three parts: a : a. Analytical, Expository or Systematic- It deals with the contents of an actual legal system existing at any time, past or the present. , - be Historical- It is concerned with the legal history and tts development c. Ethical- According to him, the purpose of any legislation is to set forth laws as it ought to be. I with the ‘ideal’ of the legal system and the purpo which it exists. — —— 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. ened AUSTIN: According to Austin “Jurisp philosophy of, ositive law. He said {hat “Se Jurisprudence 's concerned with(Positive Lauts that is laws strictly so called. It has notht dowith the badness of law. This has two aspects attached to it: 1. General Jurispruden' ends of law as are common to all system. ce- It includes such subjects or 62. Particular Jurisprudence- It is the science ofany actual system of law or any portion of it. Basically, in essence they are same but in scope they are different. Salmond's Criticism of Austin- He said that for a concept 0 fall within the category of ‘General Jurisprudence’, it should be mon in various systems of law. This is not alhvays true as there could be concepts that fallin neither of the two categories. Holland's Criticism of Austin- He said that it ig only the material which is particular and not the science itself, 4.KEETON: He considered Ju risprudence as the study and Systematic arrangement of the general principles of law. According to him, Jurisprudence deals with the distinction between Public a considers the contents of ‘pr 5. ULPIAN: Ulpian a Roman Jurist defines jurisprudence as “Jurisprudence is the knowledge of things divine and human, the science of just and unjust. . Private Laws and ple departments of law. epee departments of law. 6. STONE: It is nothing but the ‘lawyer's extroversion’. It is the lawyer's examination of precepts, ideals, and techniques of laiv in the light of observations derived Jrom present knowledge in disciplines other than law, 7. DIAS: He said there is no proper meaning of term Jurisprudence. It deals with structure, use and fixing of ee law. NATURE OF JURISPRUDENCE: Jurisprudence in its nature is entirely a different subject from other social sciences. The reason for this is that it is not __ 7 ——. 0 0Ee codified buta growing and dynamic subject having no imitation of itself. Every vanist does no base his study on rules made but tries to understand the ry after due deliberation. So it can be said that jurisprudence has no limited scope being a growing subject. There is a difference of opinion about nature of jurisprudence. It is called both Art and Science. But to call it science would be more proper and useful. ‘The reason for this is that Just as in science we draw conclusions after making a systematic study by inventing new methods, jurisprudence is concerned with fundamental principles of law and systematic and scientific study of their methods. —_ 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. 1 goes to the credit to Austin that he istinguished law from mora’ and theology and restricted the term to the body of the rules set and enforced by the sovereign or supreme law-making quthority within the realm. Thus, the scope oj Jurisprudence was‘imited to the study)of the concep pee ethies and theology fall outside the province of jurisprudence. The present view is that scope of jurisprudence cannot 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. PB. Mukherji writes that new jurisprudence is "both iiveltectual and idealistic abstraction as well as 8 eet includes cal ‘ political, i yl behaviouristic study of man” social covers the study of man social, economic and cultural ideas. 7 in relation to the state and sociely- following ised in the, Scope of jurisprudence can be summarised in way: ; ji in 1. Jurisprudence helps the. , judges and the lawyers i py tle ascertaining the true meaning of the laws passe legislatures by providing the ru es of intorp ua 2. The study of Jurisprudence helps in rationed: izing tl ne ie ing of the students and prepares them. foran uprig civil life. 3. Jurisprudence may also be helpful to legislatures who play a crucial role in the process of law making. 4. Jurisprudence provides the rule for interpreting the law. 5. The study of Jurisprudence ts equally beneficial. | for the sociologists and moralities. 6. According Dr. Dias, the study of Jurisprudence provides an opportunity for the lawyer to bring theory and life into focus, for it concerns human thought in relation to sovial existence. 7 Jurisprudence is the eye of law and the grammar of law because it throws light on basic ideas an’ fundamental erejore, by understanding the nature principles of law. of law, its concepts and distinctions, a lawyer can find out the actual rule of law. It also helps in knowing the language, grammar, the basis of Treatment an assumptions tipon | which the subject rests. Therefore, some logical Iraining is necessary for a lawyer which he can find from the study of Jurisprudence. 8. Jurisprudence also talks about political rie hts and legal rights and look into it with the help of Jurisprudence. 9. Jurisprudence supplies epistemology of law.10.It helps a lawyer in his practical work. A lawyer always has to tackle new problems every day. THES he can handle through his knowledge of Jurisprudence s which trains his mind to find alternative legal channels of thought. or 11. The study of jurisprudence helps to put law in its prope context by considering the needs of the society-and by taking note of the advances in related and relevant disciplines. 12. Jurisprudence can teach the people to look if not . d realize forward, at least sideways and around them.an that answers to anew legal problem must be found bya consideration of present social needs and not in the wisdom of the past. 13. It trains the critical faculties of the mind of the students PEELE JOCUINES OF UNE 1 so that they can dictate fallacies and use accurate legal terminology and expression. JURISPRUDENCE AS LEGAL THEORY: Ajurist may adopt a practical method of study of law according to his own thought process and the conteinporary trends i.c. for the understanding of law and legal system he may derived various tools or mechanism to study the law and after having so studies the law and the legal system he may arrive at a particular conclusion as to what law is. This conclusion of the inference of the jurist out of his jurisprudential study is what will be called his legal theory. It can be said that legal theory is the end product of jurisprudence study. The terms “Legal Theory” were coined by W. Freidmann. Legal Theory reflects the struggle of law between tradition and progress, stability and change, certainty and flexibility. Legal theory reveals the manner-in.which-people-i redifferent 10ee ulated about some of the countries at different times have specuia d problems ening law. [tis linked with phi sonia ae ‘end and political theory on the other. The term Lege! heory and sociological implications. has both phi ilosophical alos P.J. Fitegerald in his book ‘Salmond on Jurisprudence’ says “Jurisprudence is the name given toa certam type of . investigation into law, general and theoretical nature which seeks to lay the essential principles of law and legal systems. According to him legal theory is ‘an attempt to answer the question’ what is favw"in order to clarify, the most ofall legal concepts, the concept of law itself. cal evaluation and an Legal theory is essentially a theoreti objective inquiry of the basic nature, meaning and purpose of law- not what legislature or court define in their day-to-day affairs-but of basic concept of law in order to ascertain whether and to what extent the inter-relationship between law, morality and justice is necessary to determine the true nature and functions of law. There are mainly five views on Jurisprudence which are known as Schools of Legal Theory. These schools are- «ANALYTICAL SCHOOL: The major premise of analytical School of jurisprudence is to deal with law as it exists in the present, ‘form. Analytical sclivol is known in various names such as: The Austinian school since this methodology is set up by John Austin, The imperative school since it regards law as the direction ( command) of the sovereign, The Positivist School because the exponents of this school are &oncerned neither with the past nor with the future of law but. with Inw as it exists i.e., with law “as it is * (positum), the word positivism was given by August Comete. SO Truth be told, it was Austin who propounded the theory of positive law, the establishment of ‘which was laid by 11ool is, aS Bentham. One of the functions of analytical se of lary into the Hame suggest, analysis or decomposition 0 irreducible elements. IL: The Sociolog ical school of b)SOCIOLOGICAL SCIIOO J society are Jurisprudence advocates that the Law ane related to cach other, Law ws social scenery. argues that the law is a soe | phenomenon beca a major impact on society. school laid more on the legal perspective of every problem and every change that take place in soviely. Law isa social . J, phenomenon and law has some direct oF indirect relation wto society. Sociological School of Juri srudence facuses On balancing the welfare of state and individual was an realized, According to this shoal the socio-economic i nroblem of the present time cannot be solved by means of ‘isting laws. This school is b sed on logic, not Se rs oat metap nysical entit ss or divinities. ause it has emphasis }\e) HISTORICAL SCHOOL: The historical school of jurists nded by Friedrich Karl von Savigny (1779-1861) al School of Jurisprudence describes the origin of is school argues that the law was, und not made. ‘The Historical School believes That law is made from people according to their changing needs. It bel lieves that is an outcome of development of the society because it originates from the conventions, customs, religious principle, economic needs of the people. Basic source of historical school is custom. A custom is a traditional and widely accepted way of behaving or doing something that is specific to a particular society, place, or time, Customs are considered superior to legislations in this school. The reasons for the emergence of this school are: 1) Itcame as a reaction to the natural school of law.2) It opposes the ideology of the analytical school of Jurisprudence. @NATURAL SCHOOL: According to the natural school, also known eth Wor philosophical school, legal Philosoph Yy Tus rd th 7 e based on ethical values so as to motivate people for an upright living. According to this school the purpose of law is maintain social harmony and —~ to. maintain to law and order in society and legal restrictions can be. justified only if they promote the wd Sreedom of individuals in the society. The philosophical or moral school concerns itself mainly with the connection of law to specific thoughts which law is intended to accomplish. It tries to explore the reasons for which a particular law has been established. This school believes in the law of logic and reason. Grotius (1583-1645), Immanuel Kant (1724-1804) and Hegel (1770-1831). To them, the law is the result of human reason and it: wn, Tot vation is to hoist and praise human i id praise human identi ise human identity)" 2 : e) REALIST SCHOOL: Realist School is a type of school de which focuses on decisions. It is a branch of sociological ww approach. In actual sense, there is no realistic school. It is , Known as ‘realism’ that is actually a movement which » consists of thought and works in law. It also focuses largely on the evaluations of any parts of law in respect to i its effect. It also creates a sense of distrust in the + _ywtraditional legal values and also the concepts designed so Jar as they appear to be described what either courts or common people are actually doing. Realists have a pragmatic approach towards understanding Jurisprudence and thus it eniphasizes the judicial organization more which is responsible for the application of the law. The realist school of law believes that law isOO 7 types real and co-relates law with reality. There are two YP of realist school: 1) American Realist: the scholars along with ad the Jrom theirown experiences, but also observed judgements and learned from them. nod wees =e 7 vel 2)Scandinavian Realists: in this, the scholars belie only in their own experience, learning. CONCLUSON: Jurisprudence is the scientific study of law. It is a kind of science that investigates the creation, application, and requirement of laws. Many jurists had defined jurisprudence in their own way. Its nature depends upon the view of person who is studying it. Some people took it as science, some as art and other as philosophy. The subject matter of Jurisprudence is used in real life in various ways by lawyers, judges and other scholars. Jurisprudence is regarded as legal theory due to its detail study related to law. It consists of mainly five schools and each followers of school describe the study of Jurisprudence in their own ways. At last we can say Jurisprudence is the investigation of theories and methods of insight in regards to the law. It has viable and instructive esteem. 14