JURISPRUDENCE 1 ST YEAR

2019/2020; QUIZ

Initially let us know the meaning of “Jurisprudence”. The term Jurisprudence derived from
the two words of Greek “Jurisprudence” means law and “prudential” means wisdom therefore
the Jurisprudence is the philosophy of law. Generally Jurisprudence deals with principles and
rules regulating human behaviors. So in the case of “scope of jurisprudence” can be defined as
subject matter in which deals with law in the relationship of the society both economically,
socially and politically. The application of jurisprudence has generated various views in the
regard to the scope of jurisprudence Example John Austin an English philosopher the only
philosopher tried to limit the scope of jurisprudence, He tried to segregate morals and theology
from the study of Jurisprudence. Therefore the study of jurisprudence can be learned in two ways
includes “Empirical” Facts to generalization and “A priori” start with generalization in light of
which the facts are examined.

Basically there are different ways which does jurisprudence embraces me in the study law
and society as follows:-

The study of jurisprudence helps to put the law in its proper context by considering the
needs of the community as well as by taking note of the advances in related and relevant
disciplines. This through application of proper laws may ensure equality, peace and security
among the people in the society particular in the country.

The study of jurisprudence is an opportunity for the lawyer to bring theory and life into
focus, for it concerns human through in relation to social existence Through studying
jurisprudence people become lawyers, advocate, Attorney Generals something gives them to
generate incomes through their works hence for better living standard. Example Professor Dias
advocated this statement.

Studying of jurisprudence enables to recognize the fundamental principles of law that

govern, prohibit warns and regulate the human conduct in a certain Society particular the state.
 JURISPRUDENCE 1 ST YEAR
2019/2020; QUIZ

For example criminal law, administrative law and procedural law hence to manage the
community and the whole country at large.

Learning jurisprudence makes the student to find out alternative roots and channels of
difficult cases that may occur in the community through reviews the past cases the student may
acquire various techniques and knowledge to undergo the resolution of the current cases. Not
only to solve the current cases but also to discover the new ways on the solution of problems
concerned legal matter, economically, socially and politically.

It helps lawyers in his practical work. A lawyer always has to tackle new problems every day.
This can handle through his knowledge of jurisprudence which trains his mind to find
alternatives legal channel of thought it therefore the lawyers and their client may able to exercise
and present accurately facts in either the court matter to be concerned hence to the wining of
various cases.

The study of jurisprudence helps the lawyers, advocates and Judges in ascertaining the true
meaning of the laws passed by the legislation through providing the rules of interpretation. So
the subject of jurisprudence must not be confined to the study of positive laws but also must
include normative study, the study should deal with the improvement of law in the context of
prevailing social Economic and political philosophies of time, place and circumstances.

Also jurisprudence enables in the logical analysis of the legal concept and complexities or
difficult in the legal word for example John Austin an English philosopher the only philosopher
who isolated the concept of scope of jurisprudence from morals and theology. Therefore the
study of jurisprudence helps to combat the lawyer’s occupational view of formalism which leads
to excessive concentration on the legal rules for their own sake and disregard of social function
of the law.
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2019/2020; QUIZ

Lastly Jurisprudence can teach the people to look if not Forward, at least sideways and
around them in order to recognize the solution to the new problem should be found by a
consideration of present social needs and not in the wisdom of the post.

In the conlution the study of jurisprudence is among of the vital subject to the human conduct
simply because it bring awareness something led to ensure the so called peace, security, equality
and effective cooperation among the people in the community. Also the study of jurisprudence
keep the member of the society in acceptable manner (behavior) through follows the principles
and rules that set up upon to them. For example prohibition to rape, steal robering and do the
better and accepted such as loveness, hospitality, and coperations among each other.

………………………………………………………………………………………………………
See case of Julius Ishengoma and Francis Ndyanabo V Attorney General (2004) TLR14,
A112Case of REV: Mtikila V Attorney General (1995) TLR, A21

VANESSA STOTT, (1981), English Legal System, Anderson Keenan Publishing LTD, London
P.10.

Articles62(1-3) and Article 12-19 In the constitution of the united of the republic of Tanzania
of 1977 as amended in2005 and 2008.

REFERENCE.

STOTT, V. (1981), English legal system, Anderson Keenan Publishing LTD, London P.10.

The consstuition of the United Republic of Tanzania of (1977) as amended in 2005.