This document provides an introduction to jurisprudence. It begins by defining jurisprudence as derived from the Latin words for law and wisdom/knowledge. It then discusses key terms like science, philosophy, and law. It examines different typologies and definitions of law provided by eminent jurists. It also explores classifications of jurisprudence, the scope and significance of jurisprudence, and its relationships with other social sciences like psychology, economics, history, sociology, and ethics. The overall purpose is to introduce the reader to the concept and study of jurisprudence at a high level.

2. 01
Introduction to
Jurisprudence

3. Prudentia
1 - 3
Literal Meaning:
Juris
Jurisprudence
Derived from
Two Latin Words
• Law
• Wisdom,
• Knowledge
• Philosophy
, OR
• Science
What is Jurisprudence?
An Introduction

4. Jurisprudence
1 - 4
Literal Meaning:
means
What is Jurisprudence?
An Introduction
Hence
Wisdom of
Law
Knowledge
of Law
Philosophy
of Law
O R
O R
O R
Science of Law

5. 5
What is Jurisprudence?
An Introduction
Key Terms in Understanding Definition of
Jurisprudence:

6. 1 - 6
Science Knowledge gained through a
systematic study, is called science
Systematic Study means, a Study
consisted of;
Deduction
Experiment
Hypothesis
Observation
What is Jurisprudence
An Introduction

7. 1 - 7
Philosophy
 Derived from two Latin words
P
H
I
L
O
S
O
P
H
Y
Philo
Means „love‟
Sophy
Means
Wisdom or
knowledge
Knowledge
gained through
the application of
mind
Examining the
basic concepts
such as „truth‟,
„existence‟ „soul‟,
„hereinafter life‟
etc.
What is Jurisprudence?
An Introduction

8. 1 - 8
Law
 A set of rules and regulations that
regulates human behaviour in societies
 It determines human conduct and
regulates it.
 The subject-matter of Jurisprudence is
Law
 There are different types of Law and
the jurists are debating as to which
type is the true subject-matter of
Jurisprudence
What is Jurisprudence?
An Introduction

9. 1 - 9
What is Jurisprudence?
An Introduction
 This Typology of Law is
based on the fact that
from where Law comes
or what is the ultimate
source of its recognition
(nature).
 Hence, it is a broad
typology of law
TYPOLOGY OF
LAW

10. 1 - 10
Natural Law
. Norms
. Reason based
God-made Law
Types of
Law
Man-made Law
Physical Law
. Chemistry
. Physics etc
Divine Law
. Religious Law
. Scriptures
Positive Law
Moral/Ethical Law
Abstract Law
. Fundamental Principles
. General Notions
Law as it
OUGHT to be
Philosophical
Law
Law as it is
Analytical Law
Law of Nature
Concrete Law
. Real Law/ Applicable Law
. Statutes, Acts, Decisions
What is Jurisprudence?
An Introduction

11. 11
Definition of Jurisprudence
 There is no uniform definition of Jurisprudence
Reason:
The subject-matter of Jurisprudence
is Law
But there is no uniform definition of
law.
What is Jurisprudence?
An Introduction

12. 1 - 12
Definition By Eminent Jurists:
Ulpian:
Classical Concept
“The observation of things human and divine, the
knowledge of just and unjust.”
A celebrated Roman Jurist
Criticism: Being meta-physical in nature its value cannot be
evaluated.
The first formal definition of jurisprudence.
In the contemporaneous socio-political setups he had given
the best definition.
What is Jurisprudence?
An Introduction
(170 AD - 228 AD)

13. 1 - 13
John Austin:
“Jurisprudence is the Philosophy of
Positive Law.”
Criticism: The terms „Philosophy‟ and „Positive Law‟ are
misleading
He lived in circumstances when Europe was witnessing
changes especially in Politics.
He separated the meta-physical controversy from legal
enterprise
Definition By Eminent Jurists:
Classical Concept
What is Jurisprudence?
An Introduction
(1790 AD - 1859 AD)

14. 1 - 14
Thomas Erskine Holland:
“Jurisprudence is the formal science of
Positive Law.”
The criticism on the term „Philosophy‟ of Austin definition led
Holland to present this definition
It substituted „Philosophy‟ in Austin definition by „Formal
Science‟.
Definition By Eminent Jurists:
Classical Concept
What is Jurisprudence?
An Introduction
„Formal‟ means fundamental legal principles
(1835 AD - 1926 AD)

15. 1 - 15
Salmond:
“The science of the first principles
of civil law.”
Science: A systematic intellectual inquiry
Civil law: The whole corpus of law applicable in a State
By term „Law‟ Salmond means „Positive Law‟
„First Principles‟: Fundamental principles
Definition By Eminent Jurists:
Classical Concept
What is Jurisprudence?
An Introduction
Law: As Administered by Courts
(1862 AD - 1924 AD)

16. 1 - 16
Keeton:
“Jurisprudence is the study of the systematic
arrangement of the general principles of law.”
Definition By Eminent Jurists:
Classical Concept
What is Jurisprudence?
An Introduction

17. 1 - 17
Gray:
“The science of law, the statement and systematic
arrangement of the rules followed by the Courts and the
principles involved in those rules.”
Definition By Eminent Jurists:
Classical Concept
What is Jurisprudence?
An Introduction

18. 1 - 18
Dean Roscoe pound
“The science of social engineering”
Definition By Eminent Jurists:
Modern Conception
What is Jurisprudence?
An Introduction
An idea of giving the most complete security and effect to the
whole scheme of human demands and desire which are
pressing for recognition, with the least sacrifice, least friction
and least waste.

19. 1 - 19
Classification of Jurisprudence
What is Jurisprudence?
An Introduction
 Jurisprudence was classified by:
Jeremy
Bentham
John
Austin
Salmond

20. 1 - 20
What is Jurisprudence?
An Introduction
Classification of Jurisprudence
Bentham
Censorial
Jurisprudence
Expositorial
Jurisprudence
Austin
General
Jurisprudence
Particular
Jurisprudence
Salmond
Analytical
Jurisprudence
Historical
Jurisprudence
Ethical
JurisprudencePhilosophical

21. 1 - 21
What is Jurisprudence?
An Introduction
Classification of Jurisprudence
Censorial
Jurisprudence
Expositorial
Jurisprudence
Study of Law „as
it ought to be‟
Study of Law „as
it is‟
Bentham’s
Classification

22. 1 - 22
What is Jurisprudence?
An Introduction
Classification of Jurisprudence
General
Jurisprudence
Particular
Jurisprudence
Study of Ethical
Law
(Law „as it ought to be)
The study of
Positive Law
(Law „as it is)
Austin’s
Classification

23. 1 - 23
What is Jurisprudence?
An Introduction
Classification of Jurisprudence
Analytical
Jurisprudence
Study of
Positive Law
(Law „as it is)
The study of
Ethical Law
(Law „as it ought to be)
Salmond
Classification
Historical
Jurisprudence
Philosophical
Jurisprudence
The study of
Historical
Development of Law

24. 1 - 24
Scope of Jurisprudence
 According to the most celebrated
view:
What is Jurisprudence?
An Introduction
Jurisprudence studies Law
Study is analytical/scientific
Law is man-made/positive
It is not discussing the content but
the essence of law
But recently again the jurists like Roscoe Pound and Julius
Stone seem to enhance the scope of Jurisprudence

25. 1 - 25
Significance or Utility of Jurisprudence
What is Jurisprudence?
An Introduction
 Being an abstract and theoretical
science, jurisprudence has a little practical value
Practical value: Master of a Legal System
The eye of Law
The key to legal understanding
Sharpens argumentative capacity
Educational value

26. 1 - 26
What is Jurisprudence?
An Introduction
Psychology
Economics
Politics
Social
Science
History
EthicsSociology
Jurisprudence
Relation of Jurisprudence with other
Social Science

27. 1 - 27
What is Jurisprudence?
An Introduction
Relation of Jurisprudence
with other Social Science
Jurisprudence
– Studies Law
– Law is the set of
rules regulating
the conduct of
human beings
living in a society
Politics
– Study of the
Government
– Government means
the institution to
administer the
affairs of the society
Both are
contemplating
on the society
Relation

28. 1 - 28
What is Jurisprudence?
An Introduction
Relation of Jurisprudence
with other Social Science
Jurisprudence
– Law is regulating
the external
conduct of human
beings
Psychology
– Study of internal
conduct of human
beings
– In other words it
analyses the mental
state of a person at
a given movement
Relation
Both are
contemplating
the mental
state of human
beings– But external conduct
is depending on
internal conduct (e.g.
intention, malice etc.)

29. 1 - 29
What is Jurisprudence?
An Introduction
Relation of Jurisprudence
with other Social Science
Jurisprudence
– Studies Law
– Deals with framed
rules
Economics
– Study of wealth
– Concentration of
wealth in a society
brings prosperity for
its members
Relation
Both are
contemplating
on the social
and economic
well-being of
people
– All legal concepts
are social oriented
– Not possible
without having
sound legal system

30. 1 - 30
What is Jurisprudence?
An Introduction
Relation of Jurisprudence
with other Social Science
Jurisprudence
– Studies Law
– Legal Concepts
has arisen in a
particular period
and then
developed through
ages
History
– Study of the past
events
– Provides historical
background behind
legal concepts
Relation
Both
contemplates
history from
different
perspectives
Historical
Jurisprudence

31. 1 - 31
What is Jurisprudence?
An Introduction
Relation of Jurisprudence
with other Social Science
Jurisprudence
– Studies Law
– All legal concepts
are social oriented
Sociology
– Study of society
– Looks into the
social significance
of law in society
Relation
Both
contemplates
on social
structure from
different angles
Sociological
Jurisprudence

32. 1 - 32
What is Jurisprudence?
An Introduction
Relation of Jurisprudence
with other Social Science
Jurisprudence
– Studies Law
– Law aims at
upgrading the
social conditions
Social Work
– The study as to
welfare of the
society
– Through counseling
services, health
clinics, recreation
halls etc.
Relation
Both
contemplates
on up gradation
of social
conditions of
the community

33. 1 - 33
What is Jurisprudence?
An Introduction
Relation of Jurisprudence
with other Social Science
Jurisprudence
– Studies Law
– Law aims at the
positive behaviour
of human beings
Ethics
– Science of human
conduct
– What should be
human behaviour
and an ideal human
behaviour
Relation
Both
contemplates
on human
conduct from
different angles
Ethical
Jurisprudence– „Is‟ conduct
– „Ought‟ conduct

34. End of chapter # 01