MAHARISHI LAW SCHOOL

Name : LB KIRAN

LLB / 1st Sem

Course: LLB/ 1st Sem

Sub Code: LLB 101
Sub: Jurisprudence
Name of Faculty : ARUN KUMAR

ASSIGNMENT No 1. Write the Nature of Jurisprudence.

Ans.

The term ‘Jurisprudence’ was derived from the Latin word ‘Jurisprdentia’ which
means “the knowledge of the law” or “the study of law”. The origin of the practice
of studying law in the form of Jurisprudence started in Rome at the beginning.
The term Jurisprudence has at different times been used in different senses;
sometimes as synonyms of law; sometimes as a philosophy of law; and sometimes
as the science of law. Presently, Jurisprudence is aptly termed as the “Legal
Theory”.

Austin

According to him, Jurisprudence is considered with Positive Law i.e., Law as it is

(Existing Law). The term ‘positive law’ connotes ‘Jus positivum’ which means law
laid down by a political superior for commanding obedience from his subjects.
Thus, the Law is the command of the sovereign.

Austin divided his concepts into two: -

 1. General Jurisprudence which includes such subjects or ends of law as
are common to all systems; and
2. Particular Jurisprudence which is the science of any actual system of
law or any portion of it.

BENTHAM

Bentham’s legal philosophy is known as “Utilitarian Individualism”. According to

him, the purpose of law is to – bring pleasure, and – avoid pain. For Bentham, the
right relationship between positive law and morality was expressed in the maxim –
“Obey punctually, Censure Freely”

THOMAS HOLLAND

He considered Jurisprudence as ‘the formal science of positive law”. By ‘Formal

Science’, he means that which deals with the various relations which are regulated
by legal rules.

SALMOND

He understood Jurisprudence as the ‘science of law’. By law, he also meant

including the law of the land or civil law. Under his theory, he laid down Three
kinds of jurisprudence: -

1. Expository or Systematic Jurisprudence

According to him, it is the kind of Jurisprudence which deals with the contents of
an actual legal system, as existing at any time, whether past or present.

2. Legal History
It is the type of Jurisprudence which is concerned with a legal system in its process
of historical development.

3. Science of Legislation
It implies that Jurisprudence, the purpose of which is to set forth law as it is ought
to be. It deals with the ideal legal system and the purpose for which it exists.

KEETON
As per the study done by Keeton, he came to the conclusion that Jurisprudence is
nothing but the study and systematic arrangement of the general principles of law.

The nature of jurisprudence can be characterized in several key ways:

Analytical and Critical Examination:
Jurisprudence involves the critical analysis of legal concepts, principles, and
theories. It aims to clarify and understand the nature of law and its various
components.
Interdisciplinary:
Jurisprudence is an interdisciplinary field that draws upon philosophy, sociology,
political science, psychology, and other disciplines to analyze and evaluate legal
systems and their impact on society.
Normative and Descriptive:
It can be both normative and descriptive. Normative jurisprudence evaluates and
prescribes what the law should be based on moral, ethical, or political principles.
Descriptive jurisprudence, on the other hand, seeks to describe and understand the
law as it exists in society.
Historical Perspective:
Jurisprudence often considers the historical development of legal systems and how
they have evolved over time. Understanding the historical context is crucial for
comprehending the present state of the law.
Conceptual Clarity:
It aims to provide clarity and precision in legal concepts and terminology. This
helps in developing a common language for legal scholars and practitioners.
Legal Philosophy:
Jurisprudence delves into the philosophical foundations of law, addressing
questions about the nature of justice, authority, rights, and the relationship between
law and morality.
Comparative Study:
It involves the comparative study of different legal systems and their underlying
principles. Comparative jurisprudence can help identify similarities, differences,
and best practices in various legal traditions.
Social and Political Implications:
Jurisprudence also considers the social and political implications of different legal
theories and systems. It examines how the law influences society and how societal
values and norms impact the law.
Ethical Considerations:
Jurisprudence often involves ethical considerations, such as the role of ethics in
lawmaking, the moral limits of legal authority, and the ethical dilemmas faced by
legal professionals.
Legal Theory Development:
Jurisprudence contributes to the development of legal theories that can guide
lawmakers, judges, and legal scholars in making decisions and understanding the
law's underlying principles.
In summary, jurisprudence is a multi-faceted field that explores the nature of law,
its origins, its moral and ethical dimensions, and its impact on society. It
encompasses both analytical and normative aspects and serves as a foundation for
understanding and critiquing legal systems and principles.
Analytical and Critical Examination: Jurisprudence involves the critical analysis of
legal concepts, principles, and theories. It aims to clarify and understand the nature
of law and its various components.
Interdisciplinary: Jurisprudence is an interdisciplinary field that draws upon
philosophy, sociology, political science, psychology, and other disciplines to
analyze and evaluate legal systems and their impact on society.
Normative and Descriptive: It can be both normative and descriptive. Normative
jurisprudence evaluates and prescribes what the law should be based on moral,
ethical, or political principles. Descriptive jurisprudence, on the other hand, seeks
to describe and understand the law as it exists in society.
Historical Perspective: Jurisprudence often considers the historical development of
legal systems and how they have evolved over time. Understanding the historical
context is crucial for comprehending the present state of the law.
Conceptual Clarity: It aims to provide clarity and precision in legal concepts and
terminology. This helps in developing a common language for legal scholars and
practitioners.
Legal Philosophy: Jurisprudence delves into the philosophical foundations of law,
addressing questions about the nature of justice, authority, rights, and the
relationship between law and morality.
Comparative Study: It involves the comparative study of different legal systems
and their underlying principles. Comparative jurisprudence can help identify
similarities, differences, and best practices in various legal traditions.
Social and Political Implications: Jurisprudence also considers the social and
political implications of different legal theories and systems. It examines how the
law influences society and how societal values and norms impact the law.
Ethical Considerations: Jurisprudence often involves ethical considerations, such
as the role of ethics in lawmaking, the moral limits of legal authority, and the
ethical dilemmas faced by legal professionals.
Legal Theory Development: Jurisprudence contributes to the development of legal
theories that can guide lawmakers, judges, and legal scholars in making decisions
and understanding the law's underlying principles.
In summary, jurisprudence is a multi-faceted field that explores the nature of law,
its origins, its moral and ethical dimensions, and its impact on society. It
encompasses both analytical and normative aspects and serves as a foundation for
understanding and critiquing legal systems and principles.
haracterized in several key ways:
Analytical and Critical Examination: Jurisprudence involves the critical analysis of
legal concepts, principles, and theories. It aims to clarify and understand the nature
of law and its various components. The nature of jurisprudence can be
characterized in several key ways:
Analytical and Critical Examination: Jurisprudence involves the critical analysis of
legal concepts, principles, and theories. It aims to clarify and understand the nature
of law and its various components.
Interdisciplinary: Jurisprudence is an interdisciplinary field that draws upon
philosophy, sociology, political science, psychology, and other disciplines to
analyze and evaluate legal systems and their impact on society.
Normative and Descriptive: It can be both normative and descriptive. Normative
jurisprudence evaluates and prescribes what the law should be based on moral,
ethical, or political principles. Descriptive jurisprudence, on the other hand, seeks
to describe and understand the law as it exists in society.
Historical Perspective: Jurisprudence often considers the historical development of
legal systems and how they have evolved over time. Understanding the historical
context is crucial for comprehending the present state of the law.
Conceptual Clarity: It aims to provide clarity and precision in legal concepts and
terminology. This helps in developing a common language for legal scholars and
practitioners.
Legal Philosophy: Jurisprudence delves into the philosophical foundations of law,
addressing questions about the nature of justice, authority, rights, and the
relationship between law and morality.
Comparative Study: It involves the comparative study of different legal systems
and their underlying principles. Comparative jurisprudence can help identify
similarities, differences, and best practices in various legal traditions.
Social and Political Implications: Jurisprudence also considers the social and
political implications of different legal theories and systems. It examines how the
law influences society and how societal values and norms impact the law.
Ethical Considerations: Jurisprudence often involves ethical considerations, such
as the role of ethics in lawmaking, the moral limits of legal authority, and the
ethical dilemmas faced by legal professionals.
Legal Theory Development: Jurisprudence contributes to the development of legal
theories that can guide lawmakers, judges, and legal scholars in making decisions
and understanding the law's underlying principles.
In summary, jurisprudence is a multi-faceted field that explores the nature of law,
its origins, its moral and ethical dimensions, and its impact on society. It
encompasses both analytical and normative aspects and serves as a foundation for
understanding and critiquing legal systems and principles.

Interdisciplinary: Jurisprudence is an interdisciplinary field that draws upon

philosophy, sociology, political science, psychology, and other disciplines to
analyze and evaluate legal systems and their impact on society.
Normative and Descriptive: It can be both normative and descriptive. Normative
jurisprudence evaluates and prescribes what the law should be based on moral,
ethical, or political principles. Descriptive jurisprudence, on the other hand, seeks
to describe and understand the law as it exists in society.
Historical Perspective: Jurisprudence often considers the historical development of
legal systems and how they have evolved over time. Understanding the historical
context is crucial for comprehending the present state of the law.
Conceptual Clarity: It aims to provide clarity and precision in legal concepts and
terminology. This helps in developing a common language for legal scholars and
practitioners.
Legal Philosophy: Jurisprudence delves into the philosophical foundations of law,
addressing questions about the nature of justice, authority, rights, and the
relationship between law and morality.
Comparative Study: It involves the comparative study of different legal systems
and their underlying principles. Comparative jurisprudence can help identify
similarities, differences, and best practices in various legal traditions.
Social and Political Implications: Jurisprudence also considers the social and
political implications of different legal theories and systems. It examines how the
law influences society and how societal values and norms impact the law.
Ethical Considerations: Jurisprudence often involves ethical considerations, such
as the role of ethics in lawmaking, the moral limits of legal authority, and the
ethical dilemmas faced by legal professionals.
Legal Theory Development: Jurisprudence contributes to the development of legal
theories that can guide lawmakers, judges, and legal scholars in making decisions
and understanding the law's underlying principles.
In summary, jurisprudence is a multi-faceted field that explores the nature of law,
its origins, its moral and ethical dimensions, and its impact on society. It
encompasses both analytical and normative aspects and serves as a foundation for
understanding and critiquing legal systems and principles.