introduction to jurisprudence

1. JURISPRUDENCE
Lecture 1

2. In this lecture..
■ Meaning
■ Definition
■ Scope of Jurisprudence
■ And its relationship with, Ethics, Psychology, Sociology,
Political Science, Economics…

3. Meaning..
■ Etimology: from the latin words Juris and Prudentia ,
which means law & knowledge – It could be termed as
knowledge of law and its application.
■ As it evolved across time, it now covers all legal
principles known to man.
■ In the earlier days of common law, the term was used to
include study of various aspects of law – But later on it
became the study of what law ought to be, rather than
how it was as the study of what law is. (Contribution of
Bentham and Austin)

4. Meaning..
■ The meaning of Jurisprudence is connected to evolution
of law – as law evolves through different socio economic
and political conditions, which has evolved modern
jurisprudence as a science that take into social values
and economics conditions which widens the scope of law
as a science.
■ Basically, it is the ideas or philosophies of law that have
developed. As, Natural law..Positive law, Historical law..
Or Sociological law..Legal Realism..In Jurisprudence we
study the relationship of these theories with one another
as well as how it continues to effect the law we have
today.

5. Meaning…
■ Generally it means the knowledge of principles upon
which law or rules are based. In jurisprudence, Law or
rules are used to identify the bulk or abstract body of
knowledge rather than the specific field of law or statute
or regulation..
■ In jurisprudence focus is made to study the main
principles behind each branch of law prevalent within the
society. Only the principles and not the specifics.
- Eg: Jurisprudence maybe concerned with principles of
criminal liability but it is only criminial law or act which
detail out all the offences and its essentials.

6. Definition…
■ Other legal philosophers view jurisprudence as the
philosophy of law… which is concerned with the purpose
and functions of it..
■ In the earlier days of the subject, Ulpian, defined it as
observation of things human and divine, and the
knowledge of the just and unjust.
■ Cicero: Philosophical aspect of knowledge of law.
■ According to Gray: It is the study that deals with the
kind of law which consists of rules enforced by courts
while administering justice. It does not concern with
inner beliefs, and authority of law derived from a
superhuman being.

7. Definition…
■ Salmond: Is often known as father of Jurisprudence and
means it to be the science of the first principles of civil
law. He also believed that Jurisprudence concerned itself
with only man mad laws and not moralistic connotations.
■ Salmond also observed that there could be three types of
jurisprudence
1. Systematic
2. Legal History
3. Science of legislation.

8. Definition…
■ Austin: John Austin calls Jurisprudence the “Philosophy of
positive law” – He considered it a science and considered
law to be a code laid down by a determinate human political
superior and therefore distinguished law from customs and
ethical ideas
■ Austin divided Jurisprudence into 2: General and Particular.
■ Sir Thomas Holland: he defined Jurisprudence as, the formal
science of positive law. He says that, law as certain
fundamental principles, in all legal systems.. And
jurisprudence harmonizes these principles into one.
■ He said: “Jurisprudence deals with human relations which
are governed by rules of law rather than material rules
themselves”

9. Scope
■ It has widened considerably over the years and some
scholars are of the view that this subject know no bounds
as it evolves with changes to socio-economic conditions.
They are of the view that anything that is about order in
society will be within the domain of jurisprudence.
■ It certainly is an investigation into law. Salmond says: “ In
jurisprudence we are not concerned to derive rules from
authority and apply them to problem; we are concerned
rather to reflect on the nature of legal rules on the
underlying meaning of legal concepts and on the essential
features of legal system” – The question is not what rule
to be applied to a situation but it is, what amounts a
legal rule and what distinguishes it from morality.

10. Scope
■ It has been identified that, Sources, Legal theory and
legal concepts are the main grounds of the debate of
jurisprudence.

11. Uses
■ It seeks to rationalize the concepts of law and thus helps
to solve problems around it. It attempts to provide
rationale for law.
■ And as a field of study, it does help to widen the outlook
of lawyers and sharpen their logical technique
■ It helps the judges and lawyers in deciding the true
meaning of the laws passed by the legislature by
providing the rules of interpretation and helps to identify
shortcomings and defects in law.

12. Relationship -
■ Since all social sciences are concerned with human
behavior, Jurisprudence maintains a relationship with all
of them.
■ G.M Paton : Modern jurisprudence trenches on the field
of social sciences and of philosophy; it digs into the
historical past and attempts to create the symmetry of a
garden out of the luxuriant chaos of conflicting legal
systems”
■ Students are required to read into theory of social
engineering by J R Pound.

13. Relationship - Ethics
■ Ethics deal with human conduct and lays down the ideals of
human behavior.
■ It has significant relation to morality
■ Morality is subject to change and is also subjected to public
opinion
■ As law is to regulate human behavior, Jurisprudence is
considered to be positive morality. The main difference is
that this type o morality requires coercive force to maintain
it.
■ Ethical Jurisprudence is a branch within the subject which
studies which studies ideal human conduct in terms of law.
■ Law cannot be separated form human values.

14. Relationship - Psychology
■ Jurisprudence is concerned with human action, which is
regulated by human mind.
■ Thus psychology is considered entwined with
Jurisprudence as the aspects of former are considered in
certain aspects of law.
■ Psychology is relevant when studying penology and
criminology.
■ Legal concepts such as, negligence, intention, motive ,
mens rea, dying declaration, is relevant to the faculty of
mind.

15. Relationship – History
■ There is a connection to certain aspect of history.
■ As it studies past events with proper perspective, study
of history helps to enrich jurisprudential point if view of
the law of the land.
■ Historical perspective of any law is necessary to apply it
to the present.

16. Relationship - Sociology
■ Sociology is the study of human society and its
institution.
■ Jurisprudence includes within its compass, sociology of
law which delves into to the function of law in society.
■ However two experts view law differently as the lawyer
concentrates on obedience and enforceability while the
later, on how these rules governs, society.

17. Jurisprudence - Economics
■ Economic wealth is a major factor that contributes to
crimes and thus laws are in place to ensure proper
regulation of economic activity.

18. Jurisprudence - Politics
■ It is certainly linked to political science. Political science
is a subject concerned with principles governing, state
institutions.