To explain relationship of jurisprudence as ideology.

WORK OUTLINE

INTRODUCTION

Meaning of jurisprudence

Meaning of ideology as described by various philosophers.

According to Karl Max

Fredrick Engel

John Chipman Gray

MAINBODY

Relationship of jurisprudence as ideology.

CONCLUSION

REFERENCE

BOOKS

INTERNET SOURCE
Jurisprudence is delivered from the Latin word jurisprudentia which means that knowledge of law, In
Latin Jure or juris means law or legal and prudential means skill or knowledge. Jurisprudence has been
defined by various philosophers as follows

According to Salmond, jurisprudence may be defined as ‘the science of civil law’’. Austin refers
jurisprudence as ‘ the philosophy of positive law’’ Holland defines it as ‘the formal science of positive
law’’ According to Gray Jurisprudence is ‘the science of law, the statement and systematic arrangement
of the rules followed by the courts and the principles involved in those rules’’. 1

Meaning and concept ideology.

Ideology means a manner or the content of thinking characteristic of individual, group or culture. 2

Ideology is a system of moral, social, political, economic, legal and philosophical views which
expressed the last resort and the basic interests of classes. Various philosophers argues that law is created
by man as an expression of his outlook/ideology. As law is made by the ruling class, law actually reflects
the ideology of the rulers i.e. law is also an ideology. Once enacted, law within the society influences
individual social consciousness i.e. it influences the way you think e.g. that is my right, that was guilt.

Ideology. A belief system and a set of core values or philosophy. In a pure sense, an ideology States or
explains how things should be, and a theory explains how things actually are.

According to Karl Max

Natural law. There is a universal temptation to use the ancient term “natural law” as the antithesis. The
concept of Ideology in MARXISM refers generally to social consciousness of life practice of particular
classes in society.

Life practice/experiences of different classes are not the same. They are reflected in the position and
process of production occupied by that class. That is like saying that the way that the upper class
practices their life differs from that of the lower class, experiences in life according to classes is
reflected by position in life and the process of production. This ideology, therefore, is only a partial
reflection of reality (contents, rationalisation and justification for the role it plays in that society)
BECAUSE it is the material reflection of that class.

1
Dr. Myneni S.R (2004) Jurisprudence (Legal theory) 2 nd Edition published by c/o. Asia Law House. Pg.1
2
Merriam Webster, https://www.Meriam Webster.com/dictionary/ideology. Accessed on 5th Dec 2020, at 03;02
am.
IDEOLOGY therefore is not all false consciousness. It is both reality and falsity. Depending, it may be
real or false as seen from the eyes or social perspective or interest of a particular class.

This ideology can be concluded by analysing three things that

(i)Law can not be seen in isolation, it must be seen from the social perspective;

(ii)Law and Jurisprudence have a class content, essentially ideological basis;

(iii)Jurisprudence and law have no ideas of their own. Have their history in the economy. Bourgeois
Jurisprudence is necessarily tied up with bourgeois philosophy.

He is another philosopher who tried to explain the concept of ideology.

FREDRICK ENGEL in Selected Works Vol II at pg 365

He argued that Natural law is always “…. but the ideologies, glorified explanation of the existing
economic relation, how they are consecutive and now from revolutionary angles”.

To him natural law is an ideology of what you believe. You try to explain the economic relation. It is an
ideology of the ruling and sometimes an ideology of the rulers depending on the material conditions of
the epoch concerned. Natural law like a harlot is at the disposal of everyone and can always be invoked to
suit what is wanted. In it is 2500yrs, Natural law has appeared in different forms Religious or Secular.

JOHN CHIPMAN GRAY from 1839-1915

He was an American Realist and distinguished exponent of analytical jurisprudence whose

philosophy has an emphasizing defined notion of law and argued for the exclusion of any
ideology in law. Later on Gray changed his position and put the judge at the center of his
philosophy. Gray used the common law tradition to move from analytical school to Realism
School. The Common law tradition is based on statutes and precedents. He argued that “judge
made law” is primary and legislation is secondary. Later on Gray distinguished the source of law
and the law itself. According to him there are five sources of law namely:

(i) Legislation

(ii) Judicial precedent

(iii) Opinion of experts of public policy

(iv) Customs
 (v) Principles of morality including actions

These five sources / items are simply sources of law. According to Gray “law” is what the judge
says. There is a shift of law making from the legislation making body to judicial making body.
According to Gray law is what is done in the court and nothing else. Therefore, according to
Gray the law of the state is composed of rules laid down by the state judicial organ for
determination of duties and rights. (This is a realistic position).

MAINBODY

What is the relationship of jurisprudence as ideology? As it is clearly provided that the scope of
jurisprudence depends upon the philosophical idea which a person deals with. This means that
jurisprudence covers various philosophical ideas developed by various philosophers depending
on the phrase which the philosophers were dealing with. Example natural law, historical school
of jurisprudence all of these are covered by various philosophical ideas.

As the definition of FREDRICK ENGEL provides that natural law is an ideology of what you
believe. This is clear stated that even natural law is part of ideology of what people believes this
shows that there is a connection of jurisprudence as ideology since the word jurisprudence itself
as delivered its origin from a Latin word jurisprudentia it means knowledge of law or skill in
law. In this sense it covers the whole body of legal principles in the world. 3 And natural law is
the school of jurisprudence which explains various ideas about what the law is.

Hence this can be stated that jurisprudence covers the ideas of various people who tries to give
out their ideas concerning to what they understand about law. Fredrick angels adds in his views
that ‘It is an ideology of the ruling and sometimes an ideology of the rulers depending on the material
conditions of the epoch concerned’’ from this point it is clear that jurisprudence is as ideology which
explains about how a certain society is ruled, and these rules are coming from the rulers depending on the
material conditions of the epoch concerned. Example.

Natural law

This was explained by various philosophers who provided their ideas, including Socrates, plato, st.
Thomas Aquinas, Thomas Hobbes, Jerome Hall. These ideas depends on the epoch that they were
developed that is the period when these philosophers lived.

3
Dr. Paranjape N.V Studies in Jurisprudence and legal theory, 6th Edition printed by central law agency, at pg 1
Analytical school

Historical school of jurisprudence

Realism theory of law.

By concluding jurisprudence relates to ideology since the knowledge of law that it describes depends
on the ideas of the philosophers the ideas of which might be true or might have criticisms, although some
ideas may happen to have criticisms it doesn’t mean that those criticisms are coming from the vacuum it
means that even the criticism which are made to criticise these philosophical perspectives are also
generated from other philosophers ideas.

REFERENCE

BOOKS
Dr. Paranjape N.V Studies in Jurisprudence and legal theory, 6th Edition printed by central law agency,

Dr. Myneni S.R (2004) Jurisprudence (Legal theory) 2 nd Edition published by c/o. Asia Law House.

INTERNENT SOURCE

Merriam Webster, https://www.Meriam Webster.com/dictionary/ideology. Accessed on 5 th Dec 2020, at

03;02 am.