WHY IS JURISPRUDENCE ESSENTIAL

TO KNOW AND UNDERSTAND?

1. HISTORICAL BACKGROUND
Jurisprudence is the theoretical study of law or we can call it as a backbone of law. It is the
true essence of law because without studying the jurisprudence one cannot understand the
value of law and origin of law. The study of jurisprudence was beginning from the study of
Dharmashastra text. Jurisprudence in Ancient Rome had its origins with the (periti)- experts
in the jus mosmaiorum (traditional law), a body of oral laws and customs.

The word jurisprudence derived from the Latin term jurisprudential that means “the study,
knowledge or science of law”. Modern jurisprudence began in the 18thcentury and was
focused on the first principles of natural law, civil law, and the law of nations. Jurisprudence
is a subject that changes its path when Bentham studied it and brings wider scope of law.
Bentham was known as the father of jurisprudence. There were number of philosophers that
give the direction to this subject and also this subject gives them the direction to study law.

2. DEFINITION
Over the course of history many forms of definitions come out to define Jurisprudence.
Salmond defines it as ‘Jurisprudence’ as the “Science of the first principles of the civil law”
Jurisprudence thus deals with a particular species of law, viz., civil law or law of the state.
This kind of law consists of rules applied by courts in the administration of justice. It has
characteristic features that distinguish it from law of every other kind.

Further Aristotle defines jurisprudence as the “philosophy of positive law”. By positive law
or jus positivism he means the law laid down by a political superior for controlling the
conduct of those subject to his authority. “Positive law” as used by Austin is thus identical

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 with “civil Law”. The term “Philosophy” used by Austin in describing jurisprudence is
somewhat misleading. Philosophy deals with the most general theories about things, human
and divine, while jurisprudence restricts itself to the general theory of man-made law.
Professor Gray also defined ‘Jurisprudence’ more or less in the same manner. He opined
thatjurisprudence is the science of law, the statement and systematic arrangement of the rules
followed by the courts and the principles involved in these rules.

Roscoe Pond defines ‘Jurisprudence’ as the ‘ science of law, testing the terms law in the
juridical sense as denoting the body of tribunals recognised or enforced by public and regular
principles in the administration of justice’.
And there are many more definitions that explore this subject in dept and try to define it in
few words. In simple words, it can be said that ‘Jurisprudence’ is the name given to a certain
type of investigation into law, an investigation of an abstract, general and theoretical nature,
which try to find essential principles of law and legal systems. Also study of jurisprudence
tells us about the value of law.

3. IMPORTANCE OF JURISPRUDENCE
The core function of jurisprudence is to study the origin of law. Many philosophers said that
it is the eyes of the law without which one cannot see the true nature and object of law. It is
the subject that makes us understand the principles of law also. The study of jurisprudence is
not limited to the development and evolution of law but has the broader perspective towards
the understanding of the relations of law and society, the moral principles of society and also
the political ideologies within the society.

The study of jurisprudence alsomakes us able to understand the complexities of legal world
that further helps in the effective practice of 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
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study of jurisprudence does not serve only academic purposes. It will help lawyers and other
practitioners in the practical world as well.

The study of jurisprudence also helps in the interpretation of law and this is very important
from the perspective of judgement analysis. In the world of law the legal provisions and the
analysis is very important for access to justice and study of jurisprudence gives a way
towards this understanding. Jurisprudence teaches people that an answer to a legal problem is
not hidden in the past or waiting in the future rather than the answer to a legal problem is
hidden around them in the fundamentals of legal studies.

Jurisprudence is also very helpful for the law makers to understand the legal technicalities of
the law and legal precepts. The understanding of jurisprudence makes one able to define law
and understand the law. Law is for the society and it is well known to us that if there will be
poor understanding of law than it will make the whole society to suffer. Jurisprudence subject
has 5 schools and these schools also consist of many debates in the understanding of law and
its relation with society and morality. There is no doubt that the famous Harts Fuller debate
sharpens the knowledge on law and morality.

The study of Jurisprudence is always being very important as it provided the explanation
regarding the content, nature and scope of law. It also facilitates to fulfil the object of law
regarding access to justice for the public.Its study helps in rationalizing the thinking of the
students and prepares them for an upright civil life. The knowledge of law and its concept
always helps the citizen to face every necessity of human associations boldly and
courageously.The ultimate purpose of making law is to achieve justice and understanding
jurisprudence is a bridge that facilitates the way towards justice.

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