CERTIFICATE COURSE ON SCHOOLS OF JURISPRUDENCE

Objectives of the Course

The word comes from the Latin term juris prudentia, which means "the study, knowledge, or
science of law." This signifies that like any other social study, law can also be studied
scientifically or systematically. In modern law jurisprudence is understood as a term that
embraces spectrum of questions about the nature and purpose of law and responses made to
them. At the practical level, reading and participating in jurisprudential discussions develops the
ability to analyze and to think critically and creatively about the law. At a professional level,
jurisprudence is the way lawyers and judges reflect on what they do and what their role is within
society. This truth is reflected by the way jurisprudence is taught as part of a university education
in the law, where law is considered not merely as a trade to be learned (like carpentry or fixing
automobiles) but as an intellectual pursuit.

Finally, for some, jurisprudence is interesting and enjoyable on its own, whatever its other uses
and benefits. There will always be some for whom learning is interesting and valuable in itself,
even if it does not lead to greater wealth, greater self-awareness, or greater social progress. And

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so this Certificate Course is made with the aim to make you aware about legal philosophy and its
application in the anatomy of Law.

We would now take this opportunity to begin the Course with Module 1 of the Course. All the
very best from our side. Take the Course seriously and study very well. Do the assignments on
time. Let us begin.

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Module 1- Introduction to Jurisprudence:
Rights, Ownership and Possession.
1. WHAT IS JURISPRUDENCE?

 Jurisprudence is a Latin word derived from two words ,i.e.

juris and prudentia where juris means law and prudentia means “ Acting with or showing
care having knowledge wisdom and philosophy and thought for the future ”.

 Hence jurisprudence means knowledge of law. There is no universal definition of

jurisprudence.

 “Jurisprudence is said to be eye of law and grammar of law”. Definition of

jurisprudence given by some of eminent jurists are as follows.

Ulpian

The Roman Jurist, Ulpian, defined Jurisprudence as "The observation of things human and
dive, the knowledge of just and unjust."

Salmond

Salmond defines Jurisprudence as the "Science of the first principles of civil law".

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According to Salmond, Jurisprudence is the science of first principles of jurist law.

Austin

Austin defines Jurisprudence as the "Philosophy of Positive Law".

Positive Law means the law laid down by political superior to regulate the conduct of those
subject in his authority.

Philosophy is the theory of things, man and divine, while Jurisprudence only deals with man-
made law.

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.

Jurisprudence tells us our rights and duties and gives punishments accordingly hence the human
behavior is ultimately dependent on these branches of the same:

1.1. NATURALJURISPRUDENCE

Natural law is a philosophy according to which there are certain rights moral values and
responsibilities which are inherent in human beings which are traditionally obtained from God
and so is a law of nature. Aristotle is said to be the father of natural law. According to
Aristotle‟s theory, “aside from the "particular" laws that each people has set up for itself, there is
a "common" law that is according to nature”. An example of natural law being tested in the
courtscanbefoundinthecaseofGilardiv.U.S.Dept.ofHealthandHumanServices.Actof

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violence can be another example wherein killing any human is against the principal of law and
against right to live hence it is suitable under the natural law.

1.2. ANALYTICJURISPRUDENCE

“Analytic, or 'clarificatory', jurisprudence means the use of a neutral point of view and
descriptive language when referring to the aspects of legal systems”.

This law was contradictory to natural law. This philosophy questioned the meaning and aspects
of law itself. Jeremy Bentham was an early and staunch supporter of this concept.

1.3. NORMATIVEJURISPRUDENCE

With the question about what exactly law is ? There raised another question about theories of
law, What is the purpose of law ?The 'evaluative' theory of law is the legal philosophy that is
concerned with the goal or purpose of law.

Definition of normative jurisprudence given by some jurists says that

“Normative Jurisprudence studies various moral and political theories that lays the foundation of
law. It seeks to find the proper function of law. It seeks to find out the acts which when
committed needs to be punished and what short of punishments need to be given”.

1.4. FEMINIST JURISPRUDENCE

Ann Scales coined the term female jurisprudence on the occasion to celebrate the twenty-fifth
anniversary of the first women graduating from Harvard Law School.

Female jurisdiction is aimed at changing the status of women through the means of law and to
bring gender equality.

Further, there are various other categories of jurisprudence such as

 Political Jurisprudence
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  Post modern Jurisprudence

 Cautelary Jurisprudence

 Sociological Jurisprudence

2. WHAT IS THE IMPORTANCE OFJURISPRUDENCE?

 Brings rational practical approach about laws-

Ithelpsinlogicalanalysisoflegalconceptthathelpsinbuildingskillful techniques of
lawyers.

 Helps in better understanding of the concept of law-

It helps legislators by providing them precise and ambiguous terminology.

 Benefits the society -

Jurisprudence helps in achieving the needs of the society and to bring equality among people
through lawful means

 Removes complexities of law–

As jurisprudence acts through the very root of the existence of law hence it helps in removing
the complexities of law.

 Helps in interpreting laws in a better way –

Jurisprudence helps in understanding the nature of law and their implementation.

3. WHAT IS A RIGHT, WRONG AND ADUTY?

 Right means you have moral or legal obligation to do or have something. In simpler
words, right is kind of a power or privilege or capability to do something or to possess
something.

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  Second definition of the word „right‟ is related to what is correct or morally good,
justified or acceptable across the society. This definition is influenced by the type and
ways of the society that particular one lives in and is in relation to.
 Wrong could be defined in relation to the second definition easily as it is anything
opposite to right. Anything that is against the acceptance and moral of the particular
societycouldbeconsidered„wrong‟accordinglyandinrelationtothatparticularsociety.
 Duty is something that is supposed to be done by people as an obligation or simply can
be termed as Responsibility. Duty is something of a correlative of the Right. Wherever
there is a right with one person, the same person or someone else would have a duty
towards that right. Example- Right to life and personal liberty of a person creates a Duty
over the other citizens and government to preserve that right.

3.1. LEGAL RIGHTS AND ITSKIND.

All the rights that come under the ambit of the law prevailing in the country are considered as
Legal Rights. Legal Rights are written or expressed in some way or other in the law.

Types of Legal rights could be explained in following categories:

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 .
• Right in rem or Right inPersona
• Personal or ProprietyRights
• Positive or NegativeRights
• Vested or ContingentRights
• Public or PrivateRights
• Primary or SanctioningRight
• Corporeal and IncorporealRights
• Right inRe-proporia
• ConstitutionalRights

.
• FundamentalRights

. • Right inRe-aliena

4. POSSESSION ANDOWNERSHIP

 Ownership is related to the concept of owning or having the property with all rights that
come along with the property.
 Possession is the state of having the property but rights are subjected to the ownership of
the property.
 If one is the owner of the property and also possess it, then he can exercise all the rights
inrelationtothatpropertyincludingtherighttoalienatewhileifthepersonpossessesa

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 property and some other person is the real owner, then his rights are limited and might be
equivalent to right of enjoyment of that property but no alienation can be done by him.
 The best example of the difference between Ownership and Possession are
understood in the scenario of tenancy. Tenant has possession of a house and right to
enjoy the possession while the real ownership still lays with the Owner of the house.
 Ownership comes with extensive rights than possession as some rights are restricted only
to the owner of the property.

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