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Introduction to
Jurisprudence
What is Jurisprudence?
An Introduction
Literal Meaning:
Juris
Jurisprudence
Derived from
from
Derived
Two Latin
Latin Words
Words
Two
Prudentia
1-3
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
What is Jurisprudence?
An Introduction
Philosophy
i
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
i
i
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What is Jurisprudence?
An Introduction
TYPOLOGY OF
LAW
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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
Law as it is
Analytical Law
What is Jurisprudence?
An Introduction
Definition of Jurisprudence
i
11
What is Jurisprudence?
An Introduction
Definition By Eminent Jurists:
i Classical Concept
What is Jurisprudence?
An Introduction
Definition By Eminent Jurists:
i Classical Concept
What is Jurisprudence?
An Introduction
Definition By Eminent Jurists:
i Classical Concept
What is Jurisprudence?
An Introduction
Definition By Eminent Jurists:
i Classical Concept
What is Jurisprudence?
An Introduction
Definition By Eminent Jurists:
i Classical Concept
Keeton:
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What is Jurisprudence?
An Introduction
Definition By Eminent Jurists:
i Classical Concept
Gray:
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What is Jurisprudence?
An Introduction
Definition By Eminent Jurists:
i Modern Conception
1 - 18
What is Jurisprudence?
An Introduction
Classification of Jurisprudence
i
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
1 - 23
What is Jurisprudence?
An Introduction
Scope of Jurisprudence
i
What is Jurisprudence?
An Introduction
Significance or Utility of Jurisprudence
i
What is Jurisprudence?
An Introduction
Sociology
Social
Science
Economics
Ethics
History
Jurisprudence
Psychology
Politics
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
1 - 29
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
1 - 30
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