JURISPRUDENCE

 Jurisprudentia (Latin Word)

 Juris (Law) + Prudencia (Skill/ Knowledge) =Knowledge of law or Skill
in law.
 The study of Jurisprudence as a separate branch of knowledge started
with Romans.

Definitions of Law Jurists

Law as the body of principles recognized and Salmond
applied by the state in the administration of justice.
Law consists of the rules recognized and acted Salmond
upon by the courts.
Standard of what is just and unjust Justinian
The art of science of what is equitable and good. Ulpain
The highest reason implanted in nature. Cicero
Law is a command of sovereign Austin
Law is the aggregate of rule set by men as politically Austin
superior, or sovereign, to men as politically subject.
Rule laid down for the guidance for an intelligent Austin
being by an intelligent being having power over
him.
Depsychologized command. Kelsen
Essentially and exclusively as social fact. Duguit
Law as the form of guarantee of the conditions of Ihering
life of society, assured by state’s power of constraint.
All the norms which govern social life within a Ehrlich
given society.
Social Institution to satisfy social wants.(social Roscoe Pound
engineering)
The prophesies of what the courts will do, in fact, Holmes J.
and nothing more pretentious.
A law in the proper sense of the term is therefore, a Holland
general rule of human action, taking cognizance
only of external acts, enforced by determinate
authority.
Law is what is laid down as a rule of conduct by the Gray
person acting as a judicial organ of the state.
Law is a fictional entity made up of aggregate of Bentham
individual law.
Law is a form of order and therefore a good law Aristotle
means a good order.
The real relation of jurisprudence to law depends not Gray
upon what law is treated but how law is treated.
Law represents order simpliciter. Thus good order Fuller
of law is that which corresponds to demand of justice
or morality or men’s notion of what ought to be.

Definitions of Jurisprudence Jurists

Jurisprudence is an analysis of formal structure of Jeremy
law and its concepts. Bentham
Jurisprudence is the formal science of positive law. Holland
Formal Science means it does not deal with concrete
details but only with the fundamental (basic)
principles underlying them.
Jurisprudence is the Philosophy of positive law. John Austin
Positive law means law made by sovereign. He was
the first jurist to make jurisprudence as a science.
The science of Jurisprudence is concerned with
positive law, with ‘laws strictly so called’.
Jurisprudence is the science of the first principle of Salmond
law.
Jurisprudence is the science of law the statement and Gray
the systematic arrangement of the rules followed
by the courts and the principles involved in these
rules.
Jurisprudence as the science of law using the term Roscoe Pound
law in the judicial sense, as denoting the body of
principles recognized or enforced by public and
regular tribunals in the administration of justice.
Jurisprudence is the scientific synthesis of the Dr Allen
essential principles of law.
Jurisprudence is the study and systemic Keeton
arrangement of the general principles of law.
Jurisprudence is the lawyer’s extraversion Julius Stone
Jurisprudence is eyes of law Laski
Jurisprudence is a social science. Patterson
Jurisprudence is the scientific study of Union of H.L.A Hart
rules (Primary and Secondary Rules.)
Jurisprudence is the observation of things human Ulpian
and divine, knowledge of the just and unjust
Jurisprudence is shinning but unfulfilled dream of Arnold
a world governed by reason
Jurisprudence deals with the human relations which Holland
are governed by rules of law rather than the material
rules themselves.
Jurisprudence is a particular method of study, not G.W. Paton
the law of one country, but of the general notion of
law itself.
Jurisprudence is a study of fundamental legal Dr M.J. Sethna
principles including their philosophical, historical
and sociological bases and analysis of legal
concepts.

TYPES OF JURISPRUDENCE

 Bentham
(1) Expository/ Expositorial (What the law is)
(2) Evaluative/Censorial (What the law ought to be)

 Austin
(1) General Jurisprudence
(2) Particular Jurisprudence
Holland criticizes the division of subject into general and particular
jurisprudence

 Salmond