Nature scope and utility of Jurisprudence

Significance of Jurisprudence

Quotations:

“Jurisprudence is the eye of law as it gives us deep insight into fundamental principles
of law”

“Jurisprudence is the grammar of law”

Professor Sethna's “jurisprudence is the harp on which a melody is played by lawyers

and judges

“Jurisprudence helps to train the mind into legal ways of thought”

3. Research into Jurisprudence will have implications and repercussions on other

subjects

Jurisprudence

 Political science
 History
 Ethics
 Economics
 Psychology
 Sociology
 Social science dealing with criminology, penology, criminal law

Jurisprudence

Psychology Economics Sociology Political History Social Ethics

science science

4. Jurisprudence infuses ethics, morality and philosophy

Morality changes from places to places, time to times, person to person

5. The study of Jurisprudence is very much needed for practical wok of legislature and
advocates

6. Jurisprudence has a natural appeal; it has its own intrinsic interest

7. Jurisprudence has generalizing tendency

Epistemology: branch of study deals with basic knowledge of philosophical study

Study of Jurisprudence gives a Holistic view from history till date with future view

Classification of Jurisprudence

Salmond

Jurisprudence

Specific sense Generic sense

Fundamental General
principles of principals of
law

Bentham

Analytical school

Austin is student of Bentham

 Expository Jurisprudence (law as it is)

 Censorial Jurisprudence (law ought to be- future legal system)

Expository Jurisprudence (law as it is)

Authoritative Unauthoritative

Ex. legislation Ex. Any Text book

Universal

Austin (father of analytical school)

Jurisprudence

 Analytical Jurisprudence
  Normative Jurisprudence

Austin (positive law)

 General Jurisprudence (in general study of philosophy of law)

 Particular Jurisprudence (the study of positive law of a particular legal system)