PIL ASSIGNMENT

Topic-: SIGNIFICANCE OF THE STUDY OF LEGAL THEORY IN HIGHER

EDUCATION AND PRACTICE OF LAW:

Submitted By

BILAL AHMAD
BALLB (HONS)
SEMESTER-V
ENROLLMENT NO- GI- 6492
FACULTY NO- 17BALLB- 72
2nd

Submitted To

PROF. MOHIB ANWAR SIR

Assistant Professor, Faculty of Law

Aligarh Muslim University

ALIGARH-202002 (INDIA)

2020-21
 SYNOPSIS

1- INTRODUCTION.
2- DEFINITION OF LEGAL THEORY.
3- FOR BEING A GOOD LAWYER, LEGAL THEORY IS MUST.

4- HOW WILL LEGAL THEORY HELP WITH OUR LAW DEGREE?

5- IMPORTANCE OF STUDY OF JURISPRUDENCE.
6- NEED OF STUDY OF LEGAL THEORY.
7- CONCLUSION.
8- BIBLIOGRAPHY.
 ACKNOWLEDGEMENT

I WOULD LIKE TO EXPRESS A DEEP SENSE OF

THANKS & GRATITUDE TO MY PROJECT GUDIE PROFESSOR.

MOHIB ANWAR SIR FOR GUIDING ME IMMENSELY

THROUGH THE COURSE OF THE PROJECT.

I ALSO THANKS TO MY SENIORS FOR THEIR MOTIVATION &

SUPPORT. I MUST THANKS TO MY CLASSMATES FOR THEIR
TIMELY HELP & SUPPORT FOR COMPLETION OF THIS PROJECT.

LAST BUT NOT THE LEAST, I WOULD LIKE TO THANKS TO ALL

THOSE WHO HELPED ME DIRECTLY OR INDIRECTLY TOWARDS
THE COMPLETION OF THIS PROJECT.

THANKING YOU

ANSARI

BALLB-3rd Year GI-

18BALLB-
1-INTRODUCTION: -

Legal Theory, or Jurisprudence, as it is also known, refers to the theoretical study of law and is a
key topic of study law degrees such as the LLB law degree. It constitutes the principles and body
of rules that are enforceable in a court of law. The subject underpins all specific legal areas, and
so provides new law students with a solid foundation on the English legal system.

You will delve into the fundamentals of contract, criminal and constitutional and administrative
law in your first-year lectures and seminars. You will also be exploring legal methods and the
English legal system. All of these subjects are paired with learning and understanding legal
theory. Together, these will enable you to gain a full picture of how we have reached the
collection of legislation and case law that we have in our modern landscape.

If you want to be a good lawyer, you need to understand the legal theory behind your
practice. It’s true that hands-on experience is critical to a robust legal education—but not at the
expense of learning the legal theory that underpins it all. In fact, the experts say understanding
and applying legal theory is essential to a strong real-world law practice. "Theory and practice
are inescapably connected," said Phyllis Goldfarb

2-DEFINITION OF LEGAL THEORY: -

To understand the meaning and the definition of jurisprudence let us first see its etymology. The
word ‘jurisprudence’ is the English derivation of the Latin word ‘jurisprudentia’. The translation of
the word means the study, knowledge or skill with regards to the law. Over the course of history,
there have been many forms of the definition of jurisprudence. Romans liked to call it the
observation of all things human, combined with the knowledge of the just and unjust. Salmond
defines it as the science of the very first principles of civil law. It is also known as the science or
philosophy of positive law. There is no one correct definition of jurisprudence; all of these are
correct in their own regard.
3-FOR BEING A GOOD LAWYER LEGAL THEORY IS MUST: -

The key takeaway from these expert talks? Legal practice—or at least good legal practice—is
undergirded by a solid foundation in legal theory. "Theory-driven practice can simply look like
good practice," Goldfarb said. And consciously linking theory and practice makes for a
thoughtful lawyer.

Lawyers need to ask themselves: Why am I making the choices I’m making? Why did a case
unfold the way it did? What's informing my decision making? The answers often lie in legal
theory.

When you don't understand the heart of law well, you don't practice well, said one conference
guest, a 30-year veteran of the legal field, during a question-and-answer period. Theory is the
conceptual framework that helps lawyers convince others.

Lawyers who don't understand the legal theory behind what they're doing are very limited in
their ability to support their clients, another guest noted. He observed a preference for "bullet
points" in his profession: easily digestible factoids and sound bites. But those shallow
observations rarely make for long-lasting legal foundations. Without legal theory, you’ll never
get to the root causes. Legal theory gives perspective on substantive justice, Goldfarb said, and
theorizing happens on multiple levels.

But legal theory and practice have a reflexive relationship: theory needs practice, and practice
needs theory. Theory itself is a practice, Goldfarb said. That's why the legal profession
emphasizes debriefing, which often extracts lessons grounded in theory. She also reminded
lawyers and law students that theories are provisional, not final. Theories can and do evolve as
societal challenges change.

4-HOW WILL LEGAL THEORY HELP WITH OUR LAW DEGREE?

After studying law theory, we will gain insights into dominant legal, societal and political
philosophical concepts and how they interact with law. Teaching in the form of lectures and law
tutorials will centre around these theories and associated criticisms. At university, we will also
explore how these legal theories impact the English legal system, both in the past and in the
present day. During the study of law theory, students will acquire knowledge on the history,
methodologies, criticism and standardised questions surrounding legal theories. Equipped with
this information, students will then be able to create and apply abstract philosophical debates,
present philosophical arguments and critically evaluate theories and the assumptions that form
their bases.

Legal theory aims to provide a backdrop to the legal, moral, philosophical and societal influences
impacting the English legal system. By providing this knowledge, the subject matter strives to
increase students’ critical awareness of the challenges and complexities affecting the legal
environment. Law students will analyse and develop a critical approach to abstract arguments.
These studies will take place alongside assessing authorities and attitudes to explore areas of law.
During our studies, we’ll have to evaluate these laws from their roots to contemporary
considerations regarding their position in the modern framework.

5-IMPORTANCE OF THE STUDY OF JURISPRUDENCE: -

The study of jurisprudence is not only limited to the development and evolution of law. The
academics who study jurisprudence also make great contributions to the fields of other social
sciences like the political and social fields. This leads to the overall development of society. The
study of jurisprudence also helps uncomplicate some of the concepts and complexities of the legal
world. It makes them more manageable and rational and thus easier to understand. This can also
lead to a more effective practice of law.

We often call jurisprudence the grammar of the law. It will help a lawyer the basic ideas and
reasoning behind the written law. It helps them better understand the fundamentals of the law
and help them figure out the actual rule of the law. The lawyer and judges can use jurisprudence
as a guide to correctly interpret certain laws that require interpretation. The study of
jurisprudence does not serve only academic purposes. It will help lawyers and other practitioners
in the practical world as well. It sharpens their legal knowledge. Also, it trains the mind to find
alternate routes and channels of thought in case of difficulty. The law can mean more than one
thing, and this exploration is a direct effect of the study of jurisprudence.
The study of jurisprudence seeks to obtain a deeper understanding of the nature of law, legal
reasoning, legal systems, and legal institutions. Early jurisprudential studies focused on the first
principles of the natural law, civil law, and the law of nations. Today, general jurisprudence
addresses fundamental questions structuring our legal system, including: How do we know what
the law is? What are the proper sources and purposes of law? What is the relationship between
law and justice? What is the source of one’s duty to obey the law? A familiarity with
jurisprudence provides students with an ability to analyze, explain, classify, and criticize schools
of thought in law.

Legal theory courses also may examine one or more of a variety of intellectual traditions that
have helped to shape the law: natural law, natural rights theory, legal positivism, Marxism,
formalism, legal realism, legal pragmatism, critical legal studies, critical race theory, feminist
legal theory, law and economics, postmodern theories of law, among others. Courses also may
study the roots and application of particular legal concepts in judicial decision-making (e.g.,
liberty, equality, neutrality, rationality, choice of law).

The study of law and legal and institutions is further enhanced through the perspectives of
several disciplines, including economics, political science, philosophy, sociology, history,
psychology, and criminal justice.

6-NEED FOR STUDY OF JURISPRUDENCE: -

After understanding the meaning and importance of jurisprudence, we also need to know that
why jurisprudence is essential to be studied. Jurisprudence has various branches like

Natural School of law: Natural school of law supported natural law. Through natural
law we understand that nature creates law and it has its own way to punish for sins. We
need to study natural law because in the present scenario when no law is able to provide
justice to a person then at that time there is natural justice which provides justice. It is
practiced even today.
 Analytical School of law: This school considers the law as it is. Various ideas of rhis
school are practiced today like codification of law, study of the conception of legal rights and
duties, law to be made by the state, etc.
Historical School of law: This school believes that law is the outcome of a long
historical development of society. We need to study this because by this we get to know
that how customs and usages have been accepted as law. In the present scenario some
customs are accepted as law example: The Hindu Marriage Act, 1955
Sociological School of law: This school treats law as social phenomenon. We need to
study the thoughts of this school because this school believes that law is created by
society. We get to understand the role of society in law making.

There are so many other reasons to study jurisprudence in common understanding we need to
study jurisprudence:

To understand law: Jurisprudence helps us to understand the law. As we understand

from the above given definitions, jurisprudence is the language of law means it gives
language to law which could be understood by the followers. It is the grammar of law.
Grammar is the important part of learning of a language, it includes the rules for correct
writing and speaking, grammar includes the instructions for how a language should be
used correctly. Likewise, jurisprudence includes the instructions how a law should be
written and spoken correctly and gives a correct interpretation of the law. It explains how
a law should be studied and helps the people to make their own interpretation with their
knowledge of that law.
To know the idea behind law: jurisprudence helps to understand the idea behind any
law, that why a particular law exists and what is the purpose of existence of that law. For
example, Indian Penal Code, this law exists because in case of occurrence of any criminal
act, this penal code states whether that act is a crime or not and if it is then up to what
extend it is punishable and determines the nature of that criminal act.
To know the impact of law: Jurisprudence explains the impact of law on the society. At
very first jurisprudence determines whether a law is correct or not and then determines its
impact on the society. Law is something which is made by human to modulate the
society, law gives justice and protection to the victims and punishment to the wrong
doers. In many other way’s laws leave its impact on the society.
To know the wholesome of law: Jurisprudence helps the jurists and scholars to
understand the benefit of law it helps to determine the morality, necessity, the cleanliness,
ethics and goodness of law.
To check the credibility of law: Jurisprudence checks the credibility of law, it
determines whether a law is of such quality that it can be trusted and believed in. It
checks whether a law is trustworthy or not and it can provide justice to the people.
It makes the law dynamic: According to the changing society and time jurisprudence
helps the law to change according to that changing society and time. This makes the law
acceptable to the society.
To understand the different perspective of law: jurisprudence explains the different
perspective of law. What law is according to something, for example: depending on the
view, from which we examine the law, lead us different legal regime, like civil law,
criminal law, commercial law, international law, etc.
To give decision according to law: Jurisprudence helps the judges to apply the correct
law on the basis of their knowledge of law and give the correct decision. As
jurisprudence makes understanding of any law easy, the judges are able to judge the
situation and nature of the case correctly and apply correct law according to it.
It is a kind of weapon for law persons: As it is known that jurisprudence helps to
interpret the law, it helps to determine the validity of the law, helps to apply the correct
law on any situation, etc. Therefore, it is a kind of weapon for the law person who can
correctly use the correct law by making the correct interpretation of it. It is the path
finder, the path which leads to justice.
Helps to present the case: Jurisprudence helps the lawyer to present the case in the court
of law. Not only judges but it also helps the lawyers to determine the situation and nature
of the case and claim for justice with the help of correct law.
To make society aware about the law: Jurisprudence makes the society aware about the
law. It studies the conscience of society, meaning that it senses the responsibility towards
the society, towards the need of society, the problems of the society and the injustice in
the society. Like this it gets to know about the society and work according to it and make
the people aware of their rights and duties. It makes the people aware of their obligation
towards their society and how to cope up with any problem. It makes the people believe
in law and make them determined and help them to fight for themselves and also help
other people.
It works as the basic element of law: Jurisprudence provides what a law should consist
of to be correct, effective and to be successfully accepted by the people. It determines for
any branch of law what elements are necessary, example: legal right is something which
is very essential for a person because no one live without rights, the basic elements of
legal right (as given by salmond) are: subject, person is bound for duty, the act or
forbearance, the object of right and title.
Jurisprudence helps in proper implementation of law: As we have already got to
know from the above discussion that jurisprudence helps to understand the law in a better
way and it also explains the reasoning behind every law, then when law is properly
known to us then this proper understanding of law helps in proper implementation of law.
Jurisprudence helps to frame the law: Jurisprudence explains about various laws and
ideologies related to law, jurisprudence also describes various law schools which has
different thinking about law example: Analytical law school, Natural Law school,
Sociological law school. These school gives different understanding of law which helps
the law makers to frame the correct law.
To provide justice: Laws are made according to the need of the society. Laws are made
according to the crimes and injustice which occurs in the society. Laws acknowledge the
rights and duties of and individual towards the society and of the society towards the
individual. Laws are created and enforced by the social or governmental institutions.
Through the laws these institutions provide justice to the people. Laws abolishes unjust
behaviour, discrimination and arbitrariness means law do not allow any person to
misbehave with any other person or to make discrimination on any basis and also do not
allow the power holders to misuse their power by applying reasonable restriction on their
power and treats everyone equal and in case of any wrong it provides remedies to the
sufferer and punishment to the wrong doer.
Jurisprudence fills the loopholes of law: Loophole in a law means ambiguity in law.
Jurisprudence helps to avoid the ambiguity. It is well known that Jurisprudence gives the
 proper understanding to the law makers to frame correct law and also makes society
aware of the law, this helps the people in society and the law maker to make a correct
interpretation of any law. Jurisprudence makes law to be understood easily so that no
problem occurs while making any interpretation of that law. Jurisprudence explains the
reason behind any law which makes it easy for the law professionals to make their own
interpretation of law. Example: in case of contract law, assuming that a homeowner
entered into a contract with an electrician to conduct work throughout the home. The
contract indicated that the services must be rendered in June. The homeowner interpreted
the language to say that the services must be rendered and complete by June 30; however,
the electrician might have interpreted the language to say that he must begin the work in
June but that doesn’t necessarily mean that he needed to have the work complete by June
30.
Jurisprudence helps to differentiate between law and morality: Jurisprudence
explains the difference between law and morality. Morality is belief, custom and thinking
but law is the set rule which is mandate to follow. Although HLA Hart believed that law
should have the essence of morality, both are supplementary and complementary to each
other.
Jurisprudence shows pros and cons of the law and maintain check and balance: We
can understand this with an example: if any person kills other person then earlier it was
law that the murderer shall be killed later the law was changed that a proper process shall
be there to punish the criminal and direct capital punishment shall not be given because
as he had no right to take someone’s life in the same way no one has the right to kill that
person if this is done it create huge chaos in the society, capital punishment can be given
only in case of rarest of the rarest. Like this jurisprudence shows pros and cons of the law
and maintain check and balance in the society.

7-CONCLUSION: -

From the whole discussion we get to understand that Jurisprudence is very essential part of law
or we can say law is a part of jurisprudence one cannot imagine law without Jurisprudence. We
can say this because Jurisprudence is the base of every law which exist in the society.
Jurisprudence is that theory which explains the meaning of the existence of any law and also
becomes the language of law. We got to know that the meaning of jurisprudence has been
interpreted by different jurists and every interpretation is different from each other. The meaning
of jurisprudence is itself an ambiguity and any scholar has not given a clear meaning to it, for
one it is a science then for other it is a philosophy and then for other it is a fictional study.
Therefore, there is no clear meaning to the word jurisprudence.

Now coming to the need to study jurisprudence, we have get to see various needs to study
jurisprudence all the needs which we have discussed leads to justice. The different branches of
jurisprudence like natural school, analytical school, historical school and sociological school also
has great importance. The different characters of all these schools have their essence in the
existing laws which are applicable in the society so it is important to study different aspect of
jurisprudence. By studying jurisprudence, we get to understand what jurists and judges think and
their level of interpretation of any law.

Now we can conclude that jurisprudence is although not clear in its meaning but we can
understand it works as the language of law, it also acts as the grammar of law and has different
meaning at different place. It proves to be very essential part of law which is needed to be
studied to understand any law in better way.

8-BIBLIOGRAPHY: -

A-Dr. N. V. Paranjape, Studies in Jurisprudence and Legal Theory 3 7 8 (Central Law Agency,
Allahabad, 8th edn. 2016)
B-Dr, b. N. Mani Tripathi, Jurisprudence the Legal Theory 11 (Allahabad Law Agency,
Faridabad, 19th edn.)
C-P. J. Fitzgerald, Salmond on Jurisprudence 1 2 3 4 5 (Universal Law Publishing, New Delhi,
12th edn.)
D-V. D. Mahajan, Jurisprudence and Legal Theory 11 12 13 (Eastern Book Company, 5 th edn.)