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Jurisprudence
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Meaning -
Jurisprudence

 Latin word “Juris”- Legal and

“prudentia”- Knowledge or Skill.
 Jurisprudentia?
 Whole body of legal principles.
 The term “Jurisprudence” has
assumed different meanings at
different times.
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Ulpian:-“The
observations of
things human and
divine, the
knowledge of the
Just and the
unjust”.
 Gray:- 4
 “Jurisprudence is the science of
law, the statement and systematic
arrangement of the rules followed
by the courts and the principles
involved in those rules.”
 It means the laws of the Jurist deal
with the man and seek to regulate
external human conduct in the
society.
 Supported by: Salmond
 Salmond:-
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 He defined Jurisprudence as the

“ Science of the first principles of the

civil law “

 He points out that – jurisprudence

deals with particular species of law –
(civil law)

 Civil law consists of rules – applied by

courts in the administration of justice.
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Salmond- Science of Law

• Expository Jurisprudence [Law as it is]

• Legal History [historical development]
• The science of legislation [Ideal future of legal
system]

Objected by: Dr. Allen [limited scope]

 John Austin:- [law as command]
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 He calls Jurisprudence as the
“philosophy of positive law”. Positive
law means jus positivism
 Law as it is and not it ought to be
 Austin preferred to divide
Jurisprudence in two parts:
 General Jurisprudence
 Particular Jurisprudence
 Supported by: Salmond
 Criticized by: Prof. Holland [science is
science]
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 Holland:-

 He defines Jurisprudence as “the

formal science of positive law.”

 Positive Law: general rule of

external human actions enforced
by a sovereign political authority.

 Criticized by: Prof. Gray and Dr.

Edward Jenks [ social factors to be
taken into consideration]
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 Dr. Allen:-

“the scientific synthesis of

the essential principles of
law”
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 Rosco Pound:-

 According to Pound,
“Jurisprudence is the Science of
Law”.

 An inevitable co-relationship
between jurisprudence and other
social sciences.
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 Dr. M. J. Sethna:-

 He defined jurisprudence as the

study of fundamental legal
principles including their
philosophical, historical and
sociological basis and an analysis of
legal concepts.
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No unanimity of opinion regarding the scope

of jurisprudence.

Scope of
Jurisprudence Credit should be given to Austin who
distinguished law from morality and theology
and restricted the term to the body of rules
set and enforced by the sovereign law-
making authority within the realm.
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Scope of jurisprudence has widened

considerable over the years.

Scope of jurisprudence cannot be

circumscribed.

Jurisprudence includes all concepts of

human order and human conduct in state
and society.
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Justice P B Mukherjee: Jurisprudence is both an intellectual and

idealistic abstraction as well as behavioral study of man in a society.

It includes political, social, economic and cultural ideas.

Jurisprudence compromises the philosophy of law and its object is

not to discover new rules but to reflect on the rules already known.
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Utility of Jurisprudence

 The study of jurisprudence is not only limited to the development

and evolution of law. The academics who study jurisprudence also
make great contributions to the fields of other social sciences like
the political and social fields. This leads to the overall development
of society.
 The study of jurisprudence also helps to uncomplicate some of the
concepts and complexities of the legal world. It makes them more
manageable and rational and thus easier to understand. This can
also lead to a more effective practice of law.
 It will help a lawyer the basic ideas
and reasoning behind the written
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law.

 The lawyer and judges can use

jurisprudence as a guide to correctly
interpret certain laws that require
interpretation.

 The study of jurisprudence does not

serve only academic purposes. It will
help lawyers and other practitioners
in the practical world as well.
  Blackstone: Law as “it signifies a rule of action
and is applied indiscriminately to all kinds of
Meaning action whether rational or irrational.”

and Purpose  Salmond: “Law as the body of principles

recognised and applied by the sovereign in the
administration of justice.”
of law  Austin: “Law is a command of the sovereign
backed by the sanction.”

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Purpose of  Justice: (Distributive and Corrective)

Law  Stability: (Uniformity and Certainty)

 Peaceful change (flexibility):

 Other functions of law

a. Greatest happiness of the greatest number

b. To win acceptance or tolerance of the vast

majority

c. Compromise

d. Protection of interest
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Jurisprudence  Jurisprudence and Ethics

and other
 Jurisprudence and Psychology
Social Science
 Jurisprudence and History

 Jurisprudence and Sociology

 Jurisprudence and Economics

 Jurisprudence and Politics

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Jurisprudence  Ethics is a branch of knowledge deals with

human conduct and lays down the ideals
and Ethics of human behaviour.
 Jurisprudence is concerned with positive
morality since law is considered as an
instrument to regulate human conduct in
society.
 Ethical values cannot be excluded from
jurisprudence. [Dr. M. J. Sethna]
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Jurisprudence  Psychology as a branch of knowledge

and is concerned with the working of

Psychology human brain or mental faculty.

 The psychology of the offender is also

one of the crucial factors in deciding
the nature of the punishment of the
convicted person.

 Modern reformative techniques

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Jurisprudence  History consists of study of past

and History events in their proper perspective.

 In order to understand the

constitutional jurisprudence of a
country it is necessary to look into its
past constitutional history.
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Jurisprudence  Jurisprudence within its scope

and Sociology includes the sociology of law, that is
the practical functioning of law in
the society.

 Sociology as well as study of

jurisprudence are concerned with
the regulation of human conduct in
the society.
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Jurisprudence  Economics deals with production

and and distribution of wealth for
Economics satisfying the wants of the people.

 The ultimate aim of the

jurisprudence as well as economics
is to improve standard of life of the
people.
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Jurisprudence  Political science deals with the

and Politics principles governing the
governmental organisation.

 State is a politically organised

society which makes law for good
governance of the people.
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Comparative Jurisprudence

 Study of laws and legal institutions of two or

more legal systems operating in a different
countries of the world

 WHY?
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Dharma-Indian Jurisprudence

 Concept of Dharma (Law)

 The word ‘dharma’ in Hindu legal writings is used as the
equivalent to law.

 According to Hindu legal scriptures the “dharma’- stands for –

religious rights, fixed principles, of rules of conduct and the
whole body of religious duties.
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Dharma-Indian Jurisprudence

Dr. Sethna:-
 He said – It is righteousness, that path which is in conformity with a
man’s inner and true nature, and lead him on salvation in his own
unique though also subtly universal, way in accordance with
Dharamasastras.
Jaimeni:-
 According to him, Dharma is that which is ordained by the Vedas.
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Dharma-Indian Jurisprudence

In terms of legal system dharma stands for three things:-

 Religion
 Duty
 Inseparable quality of a thing.
Mahatma Gandhi:-
 The God and his law are synonymous terms and, therefore, god
signifies an unchanging living law.
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Dharma-Indian Jurisprudence

Manu Smriti:-
 The conduct is the basis of dharma and “it is not what you think but
what you do constitute your Dharma”
Buddhism:-
 Dharma means ‘cosmic’ law and order as applied to the teachings
of Buddha and can be applied to mental constructs or what is
cognized by the mind.
 In Buddhist philosophy, dharma is also the term for phenomena.
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Dharma-Indian Jurisprudence

Jainism:-
 Dharma in Jainism refers to the “teachings of Tirthankara and the
body of doctrine pertaining to the purification and moral
transformation of human being
Sikhism:-
 For Sikhs dharma means “the path of righteousness and proper
religions practice.
Kautilya:-
 Dharma as the basis for securing and preserving power over the
earth.
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