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Jurisprudence

Q. “Jurisprudence is Science of Civil Law” Salmond Discuss.

Or

Jurisprudence is the formal science of Positive Law. Holland. Explain

Ans. Salmond
Salmond defines Jurisprudence as the "Science of the first principles of civil law".
In Salmond's point of view, Jurisprudence thus deals with civil law or the law of the state. This
kind of law consists of rules applied by courts in the administration of justice.
There are three kinds of laws that govern the conduct of human in a society.

1. Theologian Laws - derive their authority from a divine or superhuman source intended to
regulate human conduct as well as beliefs and are enforced by spiritual rewards or penalties in
the other world (ultra-mundane sanctions)
2. Moralist Laws - Man-made that exist in all societies, both primitive and most civilized. There is
no definite authority to enforce the laws, but the public.
3. Jurist Laws - Regulates external human conduct only and not inner beliefs. They can exist in
politically organized societies, which has a Government. They are enforced by courts or judicial
tribunals of the society which applies a variety of sanctions ranging from fines to capital
punishments.
According to Salmond, Jurisprudence is the science of first principles of jurist law or in
Salmond's words civil law.
Holland

Holland
Holland defines Jurisprudence as "The Formal Science of Positive Law". He says "Jurisprudence
deals with the human relations which are governed by rules of law rather than with the material rules
themselves."
Formal science differs from material science in the way that formal science deals with fundamental
principles underlying and not concrete details.