The document provides an overview of the key concepts in jurisprudence. It defines jurisprudence as the study or philosophy of law. It discusses different scholars' definitions of jurisprudence, including Salmond, Austin, Bentham, and Holland. It also outlines the four aspects of jurisprudence and reasons for studying it. Additionally, it covers definitions of law from scholars such as Hart, Pound, Ulpian, and Cicero. Finally, it summarizes the three main sources of law: legislation, precedent, and customs.

1. JURISPRUDENCE
Raniyal Niyada P
Guest Faculty
Govt. Law College, Kozhikode

2. SCHEME OF PAPER

3. TABLE OF CONTENTS
1. Jurisprudence- Definition
2. Law- Definition
3. Sources of Law
4. Schools of Law
5. Ownership and Possession
6. Rights

4. Jurisprudence
● ‘Jurisprudence’ - the Latin term juris prudentia
● Meaning - study, knowledge, skill or science of law.
● Philosophy of Law

5. 4 Aspects of Jurisprudence
1) Analyze, explain, classify, and criticize entire bodies of law- textbooks
and legal encyclopedias
2) Compares and contrasts law with other fields of knowledge such as
literature, economics, religion, and the social sciences.
3) Historical, moral, and cultural basis of a particular legal concept
4) Finding the answer to such abstract questions as "What is law?" and "How
do judges (properly) decide cases?"

6. Why do we learn Jurisprudence
● Law works in society
● Law as a tool for social engineering
● Helps in better understanding the law and formulating better law.
● Trains to solve legal problem.
● Jurisprudence - as learning wisdom of Law.

7. Definitions of ‘Jurisprudence’
1. SALMOND
● Sir John William Salmond (1862 – 1924)
● Legal scholar, public servant and judge in New
Zealand.
● Works:
1. Theory of the Law (1902)
2. The Law of Torts (1907)
3. Principles of the Law of Contracts (1927)

8. Salmond on Jurisprudence
● Jurisprudence-“Science of the first principles of the civil law”
● Jurisprudence thus deals with a particular species of law, viz., civil law or law
of the state.
● This kind of law consists of rules applied by courts in the administration of
justice.

9. Definitions of ‘Jurisprudence’
2. John Austin
● 1790 – 1859
● The Province of Jurisprudence Determined (1832)
(His lecture delivered at University of London)
● Father of English Jurisprudence
● Became famous posthumously - after his widow
published the second edition
● analytical approach to jurisprudence and a
theory of legal positivism
● There is no need for connection between law and
morality.

10. AUSTIN ON JURISPRUDENCE
● Jurisprudence - “philosophy of positive law”.
● By positive law or jus positivism he means the law laid down by a political
superior for controlling the conduct of those subject to his authority.
● Law as it is.
● First jurist to make jurisprudence as a science
● Divided Jurisprudence into 2
1. General Jurisprudence - Basic principles
2. Particular Jurisprudence- Confined to a particular system

11. Definitions of ‘Jurisprudence’
3. JEREMY BENTHAM (1748 - 1832)
● Founder of modern utilitarianism.
● Works:
1. An Introduction to the Principles of Morals and
Legislation (1789)
2. A Comment on the Commentaries and
A Fragment on Government (1776)
3. The classical Utilitarians (John Stuart Mill)
● Jurisprudence is an analysis of formal
structure of law and its concepts.

12. Definitions of ‘Jurisprudence’
4. HOLLAND
● Sir Thomas Erskine Holland (1835- 1926)
● Work- Elements of Jurisprudence, 1880
● jurisprudence as the “formal science of
positive law”
● jurisprudence - concern itself with the basic
principles of concepts
● Formal science = Rules of External human
conduct enforced and controlled by a
sovereign political authority.

13. 5. ULPIAN
● Roman Jurist (Died in AD 228)
● “Jurisprudence is the knowledge of things
divine and human, the science of just and
unjust."

14. KLEE 2020 (5 YR)
1. The word ‘Jurisprudence’ is of _______ origin
A:-Roman
B:-Latin
C:-English
D:-Greek

15. KLEE 2020 (5 YR)
2. The term ‘Jurisprudence’ means
A:-Reason of law
B:-Knowledge of law
C:-Importance of law
D:-Source of law

16. KLEE 2020 (3 YR)
3. The Theory of Utility was propounded by
A:-Roscoe Pound
B:-Jeremy Bentham
C:-Henry Maine
D:-Rawls

17. KLEE 2019 (5 YR)
4. Jurisprudence has been defined as the formal science of positive by
A:-Salmond
B:-Austin
C:-Stone
D:-Holland

18. KLEE 2019 (3 YR)
5. Austin divides Jurisprudence into ................................?
A:-Analytical Jurisprudence and Normative Jurisprudence
B:-General Jurisprudence and Particular Jurisprudence
C:-Both A & B
D:-Expositional Jurisprudence and Unsocial Jurisprudence

19. What is Law?
1. HLA HART
● Herbert Lionel Adolphus Hart (1907- 1992)
● Work: The Concept of Law (1961)
● Law is a system of rules
i. PRIMARY Rules - Basic Principles
■ Duty imposing rules
ii. SECONDARY Rules - Rules through which
primary rules are introduced, enforced,
modified.
■ Confer power which provide for the
creation or variation of duties.

20. 2. POUND
● Nathan Roscoe Pound (1870-1964)
● Works
a. An Introduction to the Philosophy of Law
b. The Spirit of the Common Law
● Sociological Jurisprudence
● social relationships in the development of law and
vice versa.

21. ● Law as Social Engineering
● Law is a body of principles recognised or enforced by public and regular
● tribunals in the administration of justice.

22. 3. ULPIAN
● Law is the art and science of what is equitable and good.
4. CICERO
● 106 BC- 43 BC
● Law is the highest reason implanted in nature.

23. 5. SALMOND
● The body of principles recognised and applied by the State in the
administration of justice.

24. 6. AUSTIN
● Law is the aggregate of rule set by men as politically superior or sovereign, to
men as politically subject.
● Law is the command of the sovereign that imposes a duty which is backed by
sanction.

25. Sources of Law

26. SOURCES OF LAW - SALMOND
● 2 CATEGORIES
● Formal Source - Source recognised by Laws - Authoritative. Eg. Constitution,
Statutes, Court’s decisions.
● Material Source - Sources from which law is composed. Eg. Custom.
● Material Source is divided into two:
■ Legal Sources - Sources in both fact and law - authoritative. Eg -
Customs
■ Historical Sources - Sources in only fact - unauthoritative. Eg - Juristic
opinions, legal writings.

27. Sources of Law
1. LEGISLATION
2. PRECEDENT
3. CUSTOMS

28. Legislation
● Legal rules declared by competent authority
i. Direct: Authority Itself makes law
ii. Indirect: Delegate legislations - made by executives under power
delegated

29. Precedent
● Decisions of higher courts- binding on lower courts
● Condition- Similar or identical facts or legal issue
Major Doctrines
1. Stare Decisis:
○ Latin- to stand by things decided.
○ Legal Doctrine
○ Mandates that when deciding a case, the previous judgements- with
similar facts must be considered.

30. 2. Ratio Decidendi
○ Latin- Rationale for the decision
○ Reason for the decision.
○ Only the Ratio of the case is binding.
3. Obiter Dicta
○ Latin- Other things said
○ Said in passing in judgement, observations etc
○ Does not create binding precedent

31. Custom
● A traditional/ widely accepted/ frequently followed rule
● a rule of conduct which is observed by the society as a tradition, habit and
usage, but not in pursuance of law.
● Essentials
○ It must be Immemorial
○ It must be Certain and Continuously practised
○ It must be Reasonable
○ It must be in conformity with statute law or legislation.
○ It must have an obligatory force and should have been followed
○ openly without the necessity for recourse to force.