1) Preface
·
The study of Jurisprudence
started from Roman’s age and the Definition given by Roman jurists not quite
clear. Even every jurist has his own opinion about definition of jurisprudence and
limits of jurisprudence because Limits of jurisprudence relies upon
nature of society of current age. In French jurisprudence refers “Case Law” but
today jurisprudence has broader sense as it had understood in Austanian age. .
Jurisprudence is basically the legal study of nature, study of law, legal
analysis of law and explanation of existing laws as well as analysis of moral,
historical and cultural values prevailed all over the world
1)
Meaning of Jurisprudence
·
The word jurisprudence is
derived from Latin Word “Jurisprudentia” which means “knowledge of law” or
“skills in Law”
Ø Meaning in Black’s Law dictionary
·
The meaning of
jurisprudence under black law dictionary is “Philosophy of Law”
2) Definition of Jurisprudence
·
Jurisprudence is a study of
law and legal questions in which different laws are being analyzed and explained
i. Austin’s Definition:
·
Austin defines
jurisprudence as “the philosophy of positive law” positive law is such law
which has been laid down by a political superior for controlling the
administrative affairs.
A. Criticism on Austin’s Definition
Ø Salmond’s criticism
·
The error in Austin’s
definition is that he believes that a legal principle of a specific time is
only common in a single system of law and it cannot be dealt in general
jurisprudence
B. Definition of jurisprudence at
Present
·
Modern jurisprudence began
in the 18th century and it is focusing on the study of law and legal questions
of the present age furthermore, jurisprudence analyzing other disciplines such
as philosophy, psychology, economics etc. It believes that laws are a product
of the values of society
3) Divisions of Jurisprudence
Following are
the division of jurisprudence. Details are as under:
1. General Jurisprudence
·
General jurisprudence is
study and analysis of two or more laws which are common in all systems of law
in all over the world
2. Particular Jurisprudence
·
Particular jurisprudence is
narrower than general jurisprudence and it is study of one particular system of
law of any country as well as area too
4) Periods of Jurisprudence
There is no
unanimous (Mutfiqa) opinion regarding the different periods of jurisprudence.
It is being discussed under the following three heads.
1. Early period
·
In early period
jurisprudence was based on moral and religious affairs which has created confusion
2. Austinian period
·
Austin separated law from
morality and defined both of two separately, that jurisprudence is body of
rules which had been enforced by the rulers of the state. At that time ,scope
of jurisprudence was limited to the study of the concept of positive law
3. Modern period
·
At present ,there is a
tendency to widen the scope of jurisprudence, present view is that scope of
jurisprudence can’t be limited
·
Jurisprudence analyzing
other disciplines such as philosophy, psychology, economics etc. It believes
that laws are a product of the values of society
Ø Modern view of P.B Mukherjee
·
Jurisprudence is analyzing
political, social, economic and cultural ideas. It describes the relation of a
man with state and society
Ø Modern view of Lord Radcliffe
·
Jurisprudence is a part of history,
a part of economic and sociology, a part of ethics
and philosophy of life
5)
Importance of Jurisprudence
Jurisprudence is
basically a theoretical subject but it has a practical and educational value.
The purposes of jurisprudence have been narrated as under:
1. Remove the complexities of Law
·
Jurisprudence removes the
complexities from the laws and it makes the laws more understandable and
effective. A lot of easements has been provided by jurisprudence
2. Solutions of the new problems
·
Jurisprudence is enabling
the people to find out the solutions of their legal problems and now people are
coordinating with legal system instead of the wisdom of the past
3. Interpretation of Law
·
Jurisprudence is
interpreting the laws which is helping the judges and lawyers to find out the
true meanings of the laws which has been passed by the different legislatures,
by providing the rules of interpretation
4. Training of Mind
·
Jurisprudence is conducting
an indirect training of the minds of people to solve the difficult legal
provisions in legal way
5. Grip on legal language and grammar
·
Jurisprudence is helping in
knowing the difficult language, grammar and difficult terms which are used in
field of law. It was not possible without the help of jurisprudence
6. Legal terminology
·
Jurisprudence is helping
the legislatures and the lawyers to use the specific legal terminology which is
relieving them from mentioning a certain thing again and again such as right, duty etc.
7. To study foreign Law
·
Jurisprudence is enabling a
lawyer to study foreign law because fundamental principles are generally common
in all systems of Law
8. Importance of jurisprudence
· Jurisprudence is basically a theoretical subject but it also has
a practical and educational value. The practical value or purposes of
jurisprudence is to remove problem from society
6)
Preclude
·
Jurisprudence is the study
of law as well as study of science and philosophy of law. There are different methods
to approach it. The
true purpose of the study of jurisprudence should not be confined to the study of law alone, it
includes the study of social, economic, political and philosophy of life.
Modern jurisprudence began in the 18th century and it is focusing on the study
of law and legal questions of the present age
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