What is Jurisprudence?

There is no universally acceptable definition of jurisprudence as there is no unanimity of opinion

among jurists on the subject of jurisprudence. Every jurist possesses his own idea of what
jurisprudence is and also determines what the limits and scope of the study of jurisprudence is.
These divergence in thoughts are the product of ideological and environmental differences of the
jurists.
Jurisprudence is derived from two Latin words “juris” meaning ''of law” and "prudence”
meaning skills of science. Put together, the term jurisprudence which becomes a derivative of the
Latin word, jurisprudential " means "knowledge of law" which is the inquiry and investigation
into understanding the concept and purpose of law.
Jurisprudence is the philosophical study of arts and science of law. It is the fulcrum around
which the idea, philosophy, theory and indeed, practice of law revolves. It is the heartbeat of the
law. The law breathes and lives through the very theory and practice of jurisprudence. It is an
area of law that Lawyers, Jurists, Law Students and even Legislators alike practice every day in
their respective endeavours.
Jurisprudence deals essentially with abstract and theoretical inquiry into important principles of
law and legal systems. Jurisprudence, as a subject of study is unique because unlike other
subjects in law it does not create a set of rules.
In simple term, it is the general inquiry, reasoning and analytical understanding of the concept of
law.

Definition by different jurists

Bentham, who was the Father of Jurisprudence, divided his study of jurisprudence into two
parts:-
 Expository Jurisprudence means the Law is to be followed “as it is”. It means that
the Law is the command of the sovereign. The state is the sovereign, so what the
state says is the Law and thus all of it is to be followed in that exact sense.
 Censorial Jurisprudence means the law is to be followed “as it is ought to be”. It
bends towards the theory of Morality of Law stating that Morality of Law is to be
followed and not the law in its exact literal sense

Austin,
According to Austin, Jurisprudence is considered with Positive Law i.e., Law as it is (Existing
Law). The term ‘positive law’ connotes ‘Jus positivum’ which means law laid down by a
political superior for commanding obedience from his subjects. Thus, the Law is the command of
the sovereign.
Austin divided his concepts into two:- General Jurisprudence which includes such subjects or
ends of law as are common to all systems and Particular Jurisprudence which is the science of
any actual system of law or any portion of it.

THOMAS HOLLAND described Jurisprudence as ‘the formal science of positive law”. By

‘Formal Science’, he means that which deals with the various relations which are regulated by
legal rules.
SALMOND describes Jurisprudence as the ‘science of law’. By law, he also meant including the
law of the land or civil law. Under his theory, he laid down three kinds of jurisprudence:-
Expository or Systematic Jurisprudence: According to him, it is the kind of Jurisprudence
which deals with the contents of an actual legal system, as existing at any time, whether past or
present.

Legal History: It is the type of Jurisprudence which is concerned with a legal system in its
process of historical development.

Science of Legislation: It implies that Jurisprudence, the purpose of which is to set forth law as it
is ought to be. It deals with the ideal legal system and the purpose for which it exists.

KEETON
In his study, he concluded that Jurisprudence is nothing but the study and systematic
arrangement of the general principles of law.

ROSCOE POUND
According to him, Jurisprudence should be considered as the science of law. He emphasized on
the correctness of using the term ‘law’ in the judicial sense, which tends to denote the body of
principles recognized or enforced by public and regular tribunals in the administration of justice.

Nature of Jurisprudence
It is the mainstream of whole law, from where different laws emerges. It is not codified, it has no
limitations. It deals with the structure, uses and & functions of law and legal concept. It is
concerned with the fundamental principles of law. 
The writings on jurisprudence focuses on thoughts about law rather than exposition of law itself.

Jurisprudence deals with abstract and theoretical inquiry into the important principles of law &
legal systems. It is not derived from authority neither does it have practical applications.

Significance and Need for the Study of Jurisprudence amongst others include but not
limited to the following
1. This subject has its own intrinsic interest and value because this is a subject of
serious scholarship and research; researchers in Jurisprudence contributes to the
development of society by having repercussions in the whole legal, political and
social school of thoughts. One of the tasks of this subject is to construct and
elucidate concepts serving to render the complexities of law more manageable
and more rational. It is the belief of this subject that the theory can help to
improve practice.
 2. Jurisprudence also has an educational value. It helps in the logical analysis of the
legal concepts and it sharpens the logical techniques of the lawyer.
3. The study of jurisprudence helps to put law in its proper context by considering
the needs of the society and by taking note of the advances in related and relevant
disciplines.
4. Jurisprudence can teach the people to look if not forward, at least sideways and
around them and realize that answers to a new legal problem must be found by a
consideration of present social needs and not in the wisdom of the past.
5. Jurisprudence is the eye of law and the grammar of law because it throws light on
basic ideas and fundamental principles of law. Therefore, by understanding the
nature of law, its concepts and distinctions, a lawyer can find out the actual rule of
law. It also helps in knowing the language, grammar, the basis of treatment and
assumptions upon which the subject rests. Therefore, some logical training is
necessary for a lawyer which he can find from the study of Jurisprudence.
6. Jurisprudence helps the judges and lawyers in ascertaining the true meaning of the
laws passed by the legislators by providing the rules of interpretation. Therefore,
the study of jurisprudence should not be confined to the study of positive laws but
also must include normative study i.e. that study should deal with the
improvement of law in the context of prevailing socio- economic and political
philosophies of time, place and circumstances.
7. Professor Dias said that ‘the study of jurisprudence is an opportunity for the
lawyer to bring theory and life into focus, for it concerns human thought in
relation to social existence’.

Branches and scope of Jurisprudence

Analytical Jurisprudence:

Analytical jurisprudence was propounded by Jeremy Bentham and later taken on by John Austin.
This branch of jurisprudence analysis basic principles of law. It is not concerned with the last
stages of its evolution. It is also not concerned with its goodness or badness. The purpose is to
analyze the present position.

Scope of Analytical Jurisprudence

The scope of Analytical jurisprudence is as follows

 Analysis concept of law.

 Analysis of the ideas of state, sovereignty, and administration of justice.
 Study of all sources of law.
 Investigation of the theory of legislation, judicial precedents, and customary law.
 Investigation legal liability in civil and criminal cases.
 Examination of other relevant legal concepts.

Importance of Analytical Jurisprudence:

The analytical jurisprudence is very important in all fields of law. It gives us clear, definite, and
scientific terminology to understand.

Historical Jurisprudence

It is the scientific study of evolution and the development of the principle of law. Historical
jurisprudence is the history of the legal principles and conceptions of the legal system. The
historical jurists include Savigny, Montesquieu, Rousseau, etc.

Scope of Historical Jurisprudence

The scope of historical jurisprudence is as follows:

 It deals with law as it appears in its various forms at its several stages of
development.
 This type deals to show the conditions that gave rise to the legal conceptions, to
trace their spread and development, and to point out those conditions and
influences which modifying them in the varying course of their existence.

Importance of historical jurisprudence:

Historical jurisprudence is important because the law cannot be understood without an

appreciation of the Historical jurisprudence is a movement for fact against fancy.

Ethical Jurisprudence: Ethical jurisprudence is a branch of legal philosophy that approaches the

law from the viewpoint of its ethical significance and adequacy. It deals with the purpose of law
and the measure and manner in which that purpose is fulfilled. Its area of study brings together
legal philosophy and morals philosophy.

Philosophical jurisprudence: Philosophical jurisprudence deals itself with the philosophy of the
law. It is a discussion about the nature of the law and why it is important to modern society.
Legal philosophical jurisprudence is a popular branch of study and often it is used for legal
reform.