Jurisprudence is the theory and philosophy of law.

Scholars of jurisprudence, or legal theorists (including legal philosophers and social theorists of law), hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. Modern jurisprudence began in the 18th century and was focused on the first principles of the natural law, civil law, and the law of nations. General jurisprudence can be broken into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best to be answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems in two rough groups:

1.) Problems internal to law and legal systems as such. 2.) Problems of law as a particular social institution as it relates to the larger political and social situation in which it exists.

Answers to these questions come from four primary schools of thought in general jurisprudence:

Natural law is the idea that there are rational objective limits to the power of legislative rulers. The foundations of law are accessible through human reason and it is from these laws of nature that human created laws gain whatever force they have.[2]

Legal Positivism, by contrast to natural law, holds that there is no necessary connection between law and morality and that the force of law comes from some basic social facts although positivists differ on what those facts are.

Legal Realism is a third theory of jurisprudence which argues that the real world practice of law is what determines what law is; the law has the force that it does because of what legislators, judges, and executives do with it.

Similar approaches have been developed in many different ways in Sociology of law.

Critical Legal Studies is a younger theory of jurisprudence that has developed since the 1970s which is primarily a negative thesis that the law is largely contradictory and can be best analyzed as an expression of the policy goals of the dominant social group.

The English term is based on the Latin word jurisprudentia: juris is the genitive form of jus meaning "law", and prudentia means "knowledge". The word is first attested in English in 1628, at a time when the word prudence had the now obsolete meaning of "knowledge of or skill in a matter". The word may have come via the French jurisprudence. Jurisprudence is the name given to certain type of investigation into law, an investigation of an abstract, general and theoretical nature which seeks to lay essential principles of law and legal system. It is a subject which differs in kind from other subjects on the legal syllabus. Actually it means elucidation of the general principles upon which actual rules of law are based. 1. Austin's Definition: Austin defines jurisprudence as "the philosophy of positve law" positive law means the law laid down by the political superior for controlling the conduct of those subjects to his authority. a. Divisions of Jurisprudence by Austin: Austin divided the jurisprudence into following: (1) General Jurisprudence (2) Particular Jurisprudence

(1) General Jurisprudence: General Jurisprudence includes such subjects or ends of law as are common to all systems. (2) Particular Jurisprudence: Particular Jurisprudence is the science of any actual system of law or any portion of it. Salmonds Definition of Jurisprudence: Salmond defines Jurisprudence as " The Science of Law" by law he means the "Law of the land" or "Civil law". Salmond uses the term Jurisprudence into two senses. i. Generic sense: Generic Jurisprudence includes the entire body of legal doctrines. In that sense, jurisprudence is of three kinds: a. Expoitory or Systematic Jurisprudence: It deals with the contents of an actual legal system as existing law at any time, whether in past or in present. b. Legal History: It deals with the history of development of law. c. Science of legislation: The purpose of the science of legislation is to set forth law as it ought to be. It deals with the ideal of the legal system and the purpose for which it exists.

Scope of Jurisprudence There is no unanimity of opinion regarding the scope of jurisprudence. It may be discussed under the following three heads. 1. Early Period: In the early period, jurisprudence has been so defined as to cover moral and religious percepts also and that has created confusion. 2. Austinian Period. It was the Austin who distinguished law from morality and theology and restricted the term to the body of rules set and enforced by the soveriegn or supreme law-making authority within the realm. So the scope of jurisprudence was limited to the study of the concept of positive law only. 3. Modern Period: At present, there is a tendency to widen the scope of jurisprudence. The present view is that the scope of jurisprudence cannot be circumscribed or limited. It includes all concepts of human order and human conduct in state and society. Importance and utility of jurisprudence Jurisprudence is basically a theoreticl subject but it also has a practical and educational value. The practical value or purposes of jurisprudence has been enumerated as under: i. Remove the complexities of law: One of the task of jurisprudence is to construct concepts and make law more manageable and rational.

ii. Answers the new problems: Jurisprudence can teach people to look around them and realize that answers to new legal problems must be found by a consideration of the present social needs and not in the wisdom of the past. iii. Grammar of law: Jurisprudence is the grammar of law. It throws light on the basic ideas and the fundamental principles of law e.g. negligence, liability etc. iv. Training of Mind: Jurisprudence trains the mind to solve the difficult legal provisions in legal way. v. Grasp on the subject: It helps in knowing and grasping the language, grammar, the basis of treatment and assumption upon which subject rests. vi. Useful in Art of pleading and legislation: It helps legislators and the lawyer the proper use of legal terminology. e.g. right, duty etc. vii. To Interpret law: It helps the judges and the lawyers in ascertaining the true meanings of the law passed by the legislatures by providing the rules of interpretation. viii. To study foreign law: It enable a lawyer to study foreign law because the fundamental principles are generally common to all systems of law.

ix. Importance under the light of different jurists: a. By Dr. M.J. Sethna: The value of jurisprudence lies in examining the consequences of law and its administration on social welfare and suggesting changes for the betterment of the superstructure of laws. b. By M. Dias: The study of jurisprudence is an opportunity for the lawyers to bring theory and life into focus, for it concerns human thought in relation to social existence. Branches of jurisprudence Historical Jurisprudence Analytical Jurisprudence Ethical or Philosophical School Historical Jurisprudence deals with the general principles governing the origin and development of law, with the influences that effect the law, with the origin and development of those legal conceptions and principles which are so essential their nature as to deserve a place in the philosophy of law. Analytical Jurisprudence It analyses the first principles of law as the exist in the legal system. Example:rights duties etc. Ethical or philosophical jurisprudence Deals with ethical significance and adequacy of law.

`The purpose of legal theory Law As a dictate of reason:- The idea that in reality law consists of rules in accordance with reason and nature has formed the basis of a variety of natural law theories ranging from classical times to the present day. Natural law also serves as a defence against ethical relativism. Indeed the idea of natural law originated in answer to a philosophical theory challenged the obligation of all human rules and even of law itself. Law as a command of the sovereign: Imperative Law It distinguishes the question whether a rule is a legal rule from the question whether it is a just rule. And seeks to define law not by reference to its content but according to formal criteria which differentiate legal rules from other rules like morals etiquettes etc. Law as the practice of the court: legal realismlike Austin the realist looks on law as the command of the sovereign but his sovereign is not the parliament but the judges for the realist the sovereign is the court. Law as system of rules:- rules are concerned not with what happens but with what ought to be done.they are imperative and prescriptive rather than indicative or descriptive. Rules differ from command in their generality whereas a command normally calls for one unique performance a rule has general application and demands repeated activity. Law as international law:-the stand taken by international lawyers is to reject the austanian definition of law to deny the necessity of a sovereign and sanctions and to propose a definition of law wide enough to include international law, because according to Oppenheim law was defined as a body of rules for human conduct within a community which by common consent of

this community shall be enforced by external power. But it lacs certain important features of standard legal system such as legislative organs, courts with compulsory jurisdiction and institutionalised methods of law enforcement. The territorial nature of law:Law is defined as consisting of rules which can be created by a legislature and applied and developed by a court but since both these institutions are organs of the state and since states are territorial in nature the law is understood in terms of territory and boundaries. Jurisprudence as compared to other schools of social Sciences:- [ kindly refer to Avtar singh chap. 1 @ pg 4-10] Self explanatory. Schools of jurisprudence