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01

Introduction to
Jurisprudence

What is Jurisprudence?
An Introduction
Literal Meaning:
Juris
Jurisprudence

Derived from
from
Derived
Two Latin
Latin Words
Words
Two
Prudentia

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Law

Wisdom,
Knowledge
Philosophy
, OR
Science

What is Jurisprudence?
An Introduction
Literal Meaning:
Hence
Jurisprudence

Wisdom of
of
Wisdom
Law
Law

OR

Knowledge
Knowledge
of Law
Law
of

OR

Philosophy
Philosophy
of Law
Law
of

OR

means
means

Science of
of Law
Law
Science
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What is Jurisprudence?
An Introduction
Key Terms in Understanding Definition of
Jurisprudence:
y
Philosoph
Science
Law

What is Jurisprudence
An Introduction

Science

i Knowledge gained through a


systematic study, is called science
i Systematic Study means, a Study
consisted of;
Hypothesis
Deduction
Experiment
Observation
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What is Jurisprudence?
An Introduction
Philosophy
i

Derived from two Latin words

Philo
Means love

P
H
I
L
O
S
O
P
H
Y

Sophy
Means
Wisdom or
knowledge

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i Knowledge
gained through
the application of
mind
i Examining the
basic concepts
such as truth,
existence soul,
hereinafter life
etc.

What is Jurisprudence?
An Introduction
Law
i

A set of rules and regulations that


regulates human behaviour in societies

It determines human conduct and


regulates it.
The subject-matter of Jurisprudence is
Law
There are different types of Law and
the jurists are debating as to which
type is the true subject-matter of
Jurisprudence

i
i

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What is Jurisprudence?
An Introduction
TYPOLOGY OF
LAW

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This Typology of Law is


based on the fact that
from where Law comes
or what is the ultimate
source of its recognition
(nature).

Hence, it is a broad
typology of law

What is Jurisprudence?
An Introduction
Physical Law

Natural Law

. Chemistry
. Physics etc

. Norms
. Reason based

Moral/Ethical Law
Divine Law

Law of Nature

Types of
Law

. Religious Law
. Scriptures

Law as it
OUGHT to be
Philosophical
Law

God-made Law
Man-made Law

Positive Law

Abstract Law

Concrete Law

. Fundamental Principles
. General Notions

. Real Law/ Applicable Law


. Statutes, Acts, Decisions
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Law as it is
Analytical Law

What is Jurisprudence?
An Introduction
Definition of Jurisprudence
i

There is no uniform definition of Jurisprudence


Reason:
h The subject-matter of Jurisprudence
is Law
h But there is no uniform definition of
law.

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What is Jurisprudence?
An Introduction
Definition By Eminent Jurists:

i Classical Concept

Ulpian: A celebrated Roman Jurist (170 AD - 228 AD)


The observation of things human and divine, the
knowledge of just and unjust.
h The first formal definition of jurisprudence.
h In the contemporaneous socio-political setups he had given
the best definition.
h Criticism: Being meta-physical in nature its value cannot be
evaluated.
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What is Jurisprudence?
An Introduction
Definition By Eminent Jurists:

i Classical Concept

John Austin: (1790 AD - 1859 AD)


Jurisprudence is the Philosophy of
Positive Law.
h He lived in circumstances when Europe was witnessing
changes especially in Politics.
h He separated the meta-physical controversy from legal
enterprise
h Criticism: The terms Philosophy and Positive Law are
misleading
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What is Jurisprudence?
An Introduction
Definition By Eminent Jurists:

i Classical Concept

Thomas Erskine Holland: (1835 AD - 1926 AD)


Jurisprudence is the formal science of
Positive Law.
h The criticism on the term Philosophy of Austin definition led
Holland to present this definition
h It substituted Philosophy in Austin definition by Formal
Science.
h Formal means fundamental legal principles
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What is Jurisprudence?
An Introduction
Definition By Eminent Jurists:

i Classical Concept

Salmond: (1862 AD - 1924 AD)


The science of the first principles
of civil law.
h Science: A systematic intellectual inquiry
h Civil law: The whole corpus of law applicable in a State
h By term Law Salmond means Positive Law
h Law: As Administered by Courts
h First Principles: Fundamental principles
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What is Jurisprudence?
An Introduction
Definition By Eminent Jurists:

i Classical Concept
Keeton:

Jurisprudence is the study of the systematic


arrangement of the general principles of law.

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What is Jurisprudence?
An Introduction
Definition By Eminent Jurists:

i Classical Concept
Gray:

The science of law, the statement and systematic


arrangement of the rules followed by the Courts and the
principles involved in those rules.

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What is Jurisprudence?
An Introduction
Definition By Eminent Jurists:

i Modern Conception

Dean Roscoe pound


The science of social engineering
h An idea of giving the most complete security and effect to the
whole scheme of human demands and desire which are
pressing for recognition, with the least sacrifice, least friction
and least waste.

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What is Jurisprudence?
An Introduction
Classification of Jurisprudence
i

Jurisprudence was classified by:

Jeremy
Bentham

John
Austin

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Salmond

What is Jurisprudence?
An Introduction
Classification of Jurisprudence

Philosophical
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What is Jurisprudence?
An Introduction
Classification of Jurisprudence
Study of Law as
Jurisprudence it ought to be
Censorial

Benthams
Classification
Expositorial Study of Law as
Jurisprudence it is
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What is Jurisprudence?
An Introduction
Classification of Jurisprudence
General
Jurisprudence

Study of Ethical
Law
(Law as it ought to be)

Austins
Classification
Particular
Jurisprudence

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The study of
Positive Law
(Law as it is)

What is Jurisprudence?
An Introduction
Classification of Jurisprudence
Study of
Analytical
Positive Law
Jurisprudence
(Law as it is)
Salmond
Classification

Historical
Jurisprudence

The study of
Historical
Development of Law

The study of
Philosophical
Ethical Law
Jurisprudence
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(Law as it ought to be)

What is Jurisprudence?
An Introduction
Scope of Jurisprudence
i

According to the most celebrated


view:
Jurisprudence studies Law
Study is analytical/scientific
Law is man-made/positive
It is not discussing the content but
the essence of law
But recently again the jurists like Roscoe Pound and Julius
Stone seem to enhance the scope of Jurisprudence
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What is Jurisprudence?
An Introduction
Significance or Utility of Jurisprudence
i

Being an abstract and theoretical science,


jurisprudence has a little practical value
Practical value: Master of a Legal System
The eye of Law
The key to legal understanding
Sharpens argumentative capacity
Educational value
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What is Jurisprudence?
An Introduction
Sociology

Social
Science

Economics

Ethics

History

Jurisprudence
Psychology

Politics

Relation of Jurisprudence with other


Social Science
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What is Jurisprudence?
An Introduction
Relation of Jurisprudence
with other Social Science

Jurisprudence

Relation

Studies Law
Law is the set of
rules regulating
the conduct of
human beings
living in a society

Politics
Study of the
Government

Both are
contemplating
Government means
on the society
the institution to
administer the
affairs of the society

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What is Jurisprudence?
An Introduction
Relation of Jurisprudence
with other Social Science

Relation
Jurisprudence

Psychology

Both are
Law is regulating
Study of internal
the external
contemplating
conduct of human
conduct of human
beings
the mental
beings
state of human
But external conduct
In other words it
beings
is depending on
analyses the mental
internal conduct (e.g.
state of a person at
intention, malice etc.)
a given movement
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What is Jurisprudence?
An Introduction
Relation of Jurisprudence
with other Social Science

Relation
Jurisprudence
Studies Law
Deals with framed
rules
All legal concepts
are social oriented

Economics
Both are
Study of wealth
contemplating
Not possible
on the social
without having
and economic
sound legal system
well-being of
Concentration of
people

wealth in a society
brings prosperity for
its members

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What is Jurisprudence?
An Introduction
Relation of Jurisprudence
with other Social Science

Relation
Jurisprudence
Studies Law
Legal Concepts
has arisen in a
particular period
and then
developed through
ages

Both
contemplates
history from
different
perspectives
Historical
Jurisprudence

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History
Study of the past
events
Provides historical
background behind
legal concepts

What is Jurisprudence?
An Introduction
Relation of Jurisprudence
with other Social Science

Relation
Jurisprudence
Studies Law
All legal concepts
are social oriented

Both
contemplates
on social
structure from
different angles
Sociological
Jurisprudence

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Sociology
Study of society
Looks into the
social significance
of law in society

What is Jurisprudence?
An Introduction
Relation of Jurisprudence
with other Social Science

Relation
Jurisprudence
Studies Law
Law aims at
upgrading the
social conditions

Social Work
Both
contemplates The study as to
welfare of the
on up gradation
society
of social
conditions of
Through counseling
the community
services, health
clinics, recreation
halls etc.
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What is Jurisprudence?
An Introduction
Relation of Jurisprudence
with other Social Science

Relation
Jurisprudence
Studies Law
Law aims at the
positive behaviour
of human beings
Is conduct

Both
contemplates
on human
conduct from
different angles
Ethical
Jurisprudence

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Ethics
Science of human
conduct
What should be
human behaviour
and an ideal human
behaviour
Ought conduct

End of chapter # 01

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