This document discusses the meaning, nature, and scope of jurisprudence. It defines jurisprudence as the knowledge of law and explains that it is the study of the sources, validity, objectives, functions, and effects of fundamental legal principles. Several jurists are cited defining jurisprudence as the observation of divine and human things, the philosophy of positive law, the science of the first principles of law, and the scientific study of the union of legal rules. The document also outlines different types of jurisprudence according to various jurists and lists several influential books written on the topic.
2. JURISPRUDENCE – IT’s
MEANING,NATURE &SCOPE
MEANING
Jurisprudence is a “word which stinks in the nostrils of a practising barrister”.
Practicing barristers and judges view it as impractical and irrelevant in interpreting
legislation and administering laws.(Dicey)
3. JURISPRUDENCE
Jurisprudentia (Latin Word), Juris (Law) + Prudencia
(Knowledge) =Knowledge of law.
Jurisprudence is methods by which you can find out
(1) source of law
(2) validity of law
(3) object of law
(4) Functioning of law
(5) effect of law.
The expression ‘Law’ in relation to jurisprudence
means fundamental legal principles.
4. JURISPRUDENCE
Ulpian :- “Jurisprudence is the observation of
things human and divine, knowledge of just and
unjust.”
John Austin :- “Jurisprudence is the Philosophy of
positive law”. Positive law means law made by
sovereign. He was the first jurist to make
jurisprudence as a science. There are two types of
jurisprudence, (1) General Jurisprudence & (2)
Particular Jurisprudence.
5. JURISPRUDENCE
Salmond : - “Jurisprudence is the science of the
first principle of law.”
There are two types of jurisprudence
(1) Generic Jurisprudence and
(2) Specific Jurisprudence
6. JURISPRUDENCE
Gray:- “Jurisprudence is the science of law….”
Holland :- “Jurisprudence is the formal science of positive
law.”
Dr. Allen :- “Jurisprudence is the scientific synthesis of the
essential principles of law.”
Keetan :- “Jurisprudence is the study and systemic
arrangement of the general principles of law.”
H.L.A.Hart : - Jurisprudence is the scientific study of Union
of rules (Primary and Secondary Rules.) Primary rules
means rules which imposes duty. Secondary Rules means
rules which confers powers whereby new duties may be
created and defective duties may be varied or repealed.
7. JURISPRUDENCE
Julius Stone :- Jurisprudence is the lawyer’s
extraversion.
Laski :- Jurisprudence is eyes of law.
Patterson :- Jurisprudence is a social science.
8. KIND OF JURISPRUDENCE
Bentham
There are two types of jurisprudence
(1)Expository/ Expositorial (What the law is)
(2)Evaluative/Censorial (What the law ought to be)
Austin
There are two types of jurisprudence,
(1) General Jurisprudence & (2) Particular Jurisprudence.
Salmond
There are two types of jurisprudence
(1) Generic Jurisprudence and (2) Specific Jurisprudence
9. BOOKS OF JURISTS
Hugo Grotius : De Jure Belli Ec Pacis, ( On the Law of
War and Peace ) 1625
Bentham: Limits of Jurisprudence Defined, Theories
of Legislation, The Introduction to the Principles of
Morals and Legistation
Austin: Province of Jurisprudence Determined
Julius Stone: Province of Jurisprudence
Redetermined, Legal System and Lawyer’s Reasoning
Ihering: Law as a means to an end
Pound: Jurisprudence
10. BOOKS OF JURISPRUDENCE
Hart: The Concept of Law
Fuller: The Morality of Law
Maine: Ancient Law
Friedman : Law in Changing Societies
Hohfeld: Fundamental Legal Conception
Paton: A Text Book of Jurisprudence
Goodhart: “Essays in Jurisprudenceand Common Law”
Savigny : Das Recht Des Bestizes (The Law of Possession).
System of modern Roman Law
Buckland : Some reflections on Jurisprudence