Class 2 Definition of JURISPRUDENCE & Law

Approach to Inference about law

legal Studies from such legal studies

JURISPRUDENCE LAW

1.Salmond :- Science of first principle of civil law The body of principles recognized and applied by
the state in the administration of Justice.

2. Austin : - Philosophy of positive law It is the aggregate of the command of sovereign to

Men as political subject.

3. Jhering :- It is the study of law in its social It is the form of the guarantee of the conditions of life
Perspective & is the process & of society, assured by states(Power of Contestant).
Understanding of balancing of
Interests.

4. Pound :- Social facts & social engineering A social institution to satisfy social wants
+
Balancing of interests

5. Ulpian :- It is the knowledge of things divine The art or science of what is equitable & good
& human things (right & wrong)
 Various Jurisprudential Schools
SCHOOLS Jurisprudential Method (Legal Studies) Legal theory
1.Analytical Study of present Law as it is Law as a code of conduct
Positive School Analytical Methods It can come from normative hierarchy or,
from sovereign or people from themselves
2.Historical Empirical Studies Human Conduct
Law lies in Human Conduct Parallel & linked development of
Study of Past of Law law & Society(Law Lies in Customs)
3.Sociological Law & Society are linked Law is the tool for social balancing
There cannot be a legal study without balancing of societal processes
Societal studies of past,present & future (Law is a purposive system)
4.Natural Law is to be studied in universal Law is that which organizes society
logical order.It is human reasoning. according to universal human reasoning.
Self evolutionary process of law past,present & future

5.Philosophical Law is related to human intellect & Role of state is automatic balance b/w
Practical behavior intellect and practical
Freedom of action