other hand, Blackstone maintained that a rule of law made on
What is Jurisprudence Meaning and Definition
Where there is a systemize branch of knowledge its science
comes into existence, since law is a systemized branch of
knowledge, it is a science. The name of the science is Jurispru-
dence. This word has its routs in the Latin word “Jurispruden-
tia”. Juris means law and prudentia meaning knowledge. Thus
jurisprudence is knowledge of law or skill in law. It is the `sci-
ence of legal principles and philosophy of law which includes
the entire, system of legal doctrine.
Definition of Jurisprudence:
In the words of Austin Jurisprudence is concerned with posi-
tive law i.e. “positivism” which means that laws are com-
mands. The second- meaning is that the, law as “it is” actually
laid down has to be kept separate from the law that “ought to
be”.
He divided it into two branches:
 General and
 Particular Jurisprudence
General jurisprudence relates with the subjects of law as are
common to all systems of law. This field of law is a wider one.
Particular jurisprudence is confined only to study of any actual
system of law, it talks about it special or particular system of
law. In both essence is the same but they differ from each
other in their scope.
Salmond Definition:
Salmond define Jurisprudence as “the science of law”, here
law stands for law of land. In this sense it has three kinds i.e.
 Systematic jurisprudence. Existing actual legal system in past
or in present.
 Legal History. Process of, historical development.
 Legislation. To set forth law, as it ought to be.
Jurisprudence is the science of legal principles and philosophy
of law, which indicates the entire system of legal doctrine. In
short it is the study of the structure of legal system. While ju-
rist means a legal scholar, one who is versed in law.
The Nature of Law Jurisprudence
According to Blackstone: Law in its most general and com-
prehensive sense signifies a rule of action and is applied indis-
criminately to all kinds of actions whether animate, rational or
irrational. Thus we say the Laws of Motion, of Gravitation, of
optic or mechanics, as well as the Laws of Nature and of Na-
tion.” The term ‘law’ in this sense is applied to observe unifor-
mities of action.
There is great diversity in the use of the term ‘law’. The same
name is employed to denote altogether different things, e.g.,
Laws of Nature, Laws of God, Laws of Honour, and Laws of
Morality, positive Law. A line was accordingly drawn be-
tween laws relating to external nature and those dealing with
the actions of men.
Professor Holland Professor Holland observes that “a law in
the proper sense of the term is a general rule of action, talking
cognizance only of external acts, enforced by a determinate
authority, which authority is human, and among human au-
thorities, is that which is paramount in a political society.
Hobbes defined laws “as the commands of him or them that
have coercive power. Austin followed him a law is a rule of
conduct imposed and enforced by the sovereign.” Salmond
substituted the definition by observing that “Law is the body
of principle recognized and applied by the State in the admin-
istration of Justice.” lt consists of the rules recognized and
acted on by Courts of Justice.
According to Salmond, all law, however made, is Recognised
and administered by the Courts and no rules are recognised
and administered by the Courts which are not rules of law. lt
is, therefore, to the Courts and not to the legislature that we
must go in order to ascertain the true nature of the law. on the
a pre-existing custom exists as positive law apart from the leg-
islature or Judge and Maine pointed out that there is law in
primitive societies.
Savigny recorded law as itself subject to evclution and as no
arbitrary expression of will of the law-giver.
The above is not the definition of ‘a law’ but of the law. In
fact the term ‘law’ is’ used in two senses, which May be char-
acterised as the concrete and the abstract. In the concrete sense
we speak of “a law” or “laws”. “A law” means a statute, ordi-
nance, decree or an Act cf a Parliament. In this sense we say
that Parliament has enacted or repealed a law. It is a source of
law in the abstract sense. In the abstract sense we speak of
“law” or “the law”, e.g., the law of England, the law of libel,
criminal law, etc. Law here denotes the entire body of legal
principles prevailing in a particular system.
This ambiguity is a peculiar feature of English speech. In Con-
tinental languages there are distinct words for the two mean-
ings found in the Eng1ish term ‘law’. Law in the concrete is
lex loci, and law in the abstract jus, droit; recht. Lex meaning
a statute is a source of jus.
The following are a few other concepts of law as given by em-
inent writers, which will enable us to Have a clear perspective
of the different notions of law.
 Every law is a gift of God and decision of sages Demostheries.
 Law is not right alone or might alone, but a perfect combina-
tion between the two.”salmond”.
 A law is a command which obliges a person or persons to a
course of conduct.”Austin”.
Relation of Jurisprudence with other social sciences
Jurisprudence is studying law, law is regulating the conduct of
individuals and individuals are living and forming societies.
Therefore, law is an important social phenomenon which is
making jurisprudence as a Social Science.
However, there are several other Social Science, like Ethics,
Political Science, Sociology, Psychology etc. Now, it is logi-
cal that these social sciences should be interlinked with each
other at some point.
Moreover, these social sciences could not study in isolation. In
other words, none of these sciences can be understand with
having a fair knowledge of others. Jurisprudence, being a so-
cial science is, in fact, related with other social sciences.
Jurisprudence and Sociology
Jurisprudence is the study of law and sociology is the study of
society and it is also discusses law but from a different stand-
point. Therefore there is a link between jurisprudence and so-
ciology. Jurisprudence is concerned with legal rules that actu-
ally exist; however, sociology is studying the effectiveness of
those legal rules and their impacts on society.
Jurisprudence and Politics
Politics studies the principles responsible for the governmental
organization. Whereas, jurisprudence is analyzing those prin-
ciples. Moreover, in a political society there exist rules for the
regulation of human being conduct which are the subject-mat-
ter of jurisprudence. Hence, there is a close connection be-
tween the two.
Jurisprudence and Ethics
Ethics is the science of human conduct. It projects an ideal hu-
man behavior, in the light of which it suggests a course of con-
duct for individuals living in societies. Whereas, jurisprudence
is discussing the imperative rules, actually existing in the soci-
eties. However, those rules are also connected with the behav-
ior of human beings in societies. Therefore, both of the sci-
 ence are interrelated.
Due to the close relationship and interdependency of these sci-
ences, there emerged a branch of jurisprudence known as Ethi-
cal Jurisprudence, discussing the ideal human behavior or
which is the study of law as it ought to be.
Jurisprudence and Psychology
Psychology is the ‘science of mind and behavior’, whereas, ju-
risprudence is discussing law. Law is aimed to be followed by
individuals, and individuals can only follow law if they intend
to follow. Therefore, intention is the very basic element be-
hind every law, and particularly in criminal law the concept of
mens rea is having immense importance. Therefore, jurispru-
dence and psychology both are closely inter-related human
sciences.
Jurisprudence and Economics
Economics is the science of wealth and jurisprudence is the
science of law.
Economics studies the production and distribution of wealth
and law is responsible for establishing a fair distribution of
wealth through rules. Moreover, studies show that economic
factors are responsible for the increasing rate of criminal activ-
ities, which again brings the two in close relation with each
other. Furthermore, economics aims at improvement of the
standards of human lives whereas; this could not possible if a
peaceful environment is not available which is possible
through the application of laws. Therefore, there is a close re-
lationship between the two.
Jurisprudence and History
History is the scientific narration of the past events, whereas,
jurisprudence is the science of law. Law has not come into ex-
istence overnight, as a matter of fact, it has developed through
ages. History helps jurisprudence in digging out the origin and
evolution of different legal rules. Owing to its importance,
there developed a separate branch of jurisprudence, known as
Historical Jurisprudence. Therefore, it may concluded that
there is a close relation between jurisprudence and history.
Kinds of jurisprudence: Following are three main kinds of
jurisprudence according to salmond:
Historical Jurisprudence
Historical Jurisprudence gives the answers of the questions,
origin of law, the development of law, evolution of law and
philosophy of law. It constitutes the general portion of legal
history. It deals with the general principles governing the ori-
gin and development of law as also the origin development of
legal conceptions and principles found in the philosophy of
law.
MAIN FUNCTION OF HISTORICAL JURISPRU-
DENCE
 Catalogue the development of law,
 Allotting to each phase its true position in the completed nar-
rative.
 It indicates the processes of change, and is therefore descrip-
tive.
 It is the function of historical jurisprudence to interpret these
changes and to expose the forces which have brought them
about.
Analytical jurisprudence:
This branch of jurisprudence gives analysis to basic principles
of civil and their interpretation. The purpose of this branch of
study is to analyse and dissect the law of the land as it exists
today. This analysis as the principles of the law is done with-
out reference to their historical origin or their ethical signifi-
cance. Analytical jurisprudence it examines the relations of
civil law with other forms of law, analysis the various con-
stituent ideas of which the complex idea of the law is made
up.
For example
 The state, sovereignty and administration of justice.
 Investigates the theory of legislation. Judicial precedents and
customary law.
 Inquires into the scientific arrangement of the law
 Deals with the conception of legal rights and legal liability,
 Examines such legal conceptions as property, possession, obli-
gations contracts, trusts, personality, intention, motive, negli-
gence, etc, which by the reason of their theorectical interest
deserve special attention.
Ethical jurisprudence:
The branch of jurisprudence deals with basic principles of
ethics and moral values. Ethical jurisprudence is a branch of
legal philosophy which approaches the law from the viewpoint
of its ethical significance and adequacy. It deals with the law
as it ought to be an ideal state. This area of study brings to-
gether moral and legal philosophy. It is connected with the
purpose of which the law exists and the manner in which such
purpose is fulfilled. Salmond observes that ethical jurispru-
dence is the meeting point and common ground of moral and
legal philosophy of ethics in jurisprudence. Ethical jurispru-
dence has for as its object the conception of justice, the rela-
tion between law and justice
OTHER KINDS OF JURISPRUDENCE
Following are the other kinds of jurisprudence
Philosophical jurisprudence
It deals with philosophy of law. sciences and of philosophy it
digs into the historical past and attempts to create the symme-
try of a garden out of the luxuriant chaos on conflicting legal
systems.
Sociological jurisprudence :
Sociology is the study of men in society. A sociologist consid-
ers law as a social phenomenon. The object of sociological ju-
risprudence is to work upon jurisprudence with reference to
the adjustment of relations of ordering of conduct which is in-
volved in group life. A theme of this branch is to study living
law in the same manner as a psychologist studies living is-
sue. The most important branch of legal sociology is penol-
ogy, which studies the causes of crimes, behavior of criminal
and effect of different theories of punishment. The only princi-
ple in penology is to find out why a man does wrong to make
it not worth his while.
SCHOOLS OF JURISPRUDENCE
Mainly there are 4 Schools of Jurisprudence:
1. Analytical School
2. Philosophical School
3. Historical School
4. Sociological School
Difference between above mentioned Schools of Jurispru-
dence is that how do they Define Law - What is Law? How-
ever, Each School of Jurisprudence has a place of its own in
connection with the particular law out of which it grows!
ANALYTICAL SCHOOL:
The main aspect of this School is ‘Relationship of Law with
State’. Main Exponents of this School are Jeremy Bentham
and John Austin. Both are popularly known as the Fathers of
Analytical School.
Jeremy Bentham:
Jeremy Bentham in his book ‘Limits of Jurisprudence De-
fined’ said that State`s objective is to provide and ascertain
Maximum Liberty and Maximum Happiness - This is Known
as Doctrine of Utility. According to Bentham, the Ultimate
End of Law is "Greatest Happiness of Greatest Number” and
the Ultimate Purpose of Law is "To Bring Pleasure and Avoid
Pain” - To eradicate hurdles on the Freedom of Human Being
- this means that Bentham was a supporter of Laissez Faire -
‘Let the Men Free’.
John Austin:
John Austin is known as the Father of Analytical School of Ju-
risprudence
His Lectures are accumulated in the name of 'Province of Ju-
risprudence Defined’ - According to him "Law is a Rule laid
down for the Guidance of an Intelligent Being By an Intelli-
gent Being having Power over him”.
Law is a Command by the Sovereign backed by Sanction.
Anything that is not a Command is not a Law.
Philosophical School:
Philosophical School of Jurisprudence - also known as Natural
Law School. The main aspect of this school is relationship be-
tween LAW & REASON. This school believes that Law is
based on some higher morals and principles and
thus every Law should be Just, fair and Reasonable.
This school believes that laws should be Based on Ethical Val-
ues. According to this school, If any law is against the naturals
laws - then that law is not valid. To be valid, law should be
Based on Reason-They should be Just, fair & Reasonable.
Various Jurists have helped in the development of Philosophi-
cal School of Law, some important jurists are Saint Thomas
Acquinas, John Locke, Rousseau, Thomas Hobbes, Immanuel
Kant, Hegel, Fichte etc.
This School has also helped in the development of Social Con-
tract Theory - According to which Government formation is a
part of the Social Contract wherein People; for proper and uni-
form utilisation of their Rights, give away some of their Pow-
ers to the Government. Now Government has to protect these
rights. If in case the Govt. misuses their Power, Then the peo-
ple can choose to overthrow the government and appoint a
New Government for the better protection of their Rights.
Sociological School:
Sociological School of Jurisprudence studies and understands
Law in relation to the Society. This school takes Law as a So-
cial Phenomenon and studies Law in action, as law having an
impact on the Society. Sociological School believes that there
is a deep relation between Law and Sociology. Various Jurists
have contributed in the development of Sociological School,
such as Ehrlich, Roscoe Pound, Duguit, August Comte and
Rudolph Van Ihering. The Founder of Sociological School is -
August Comte
Father of Sociological School is - Roscoe Pound
and Father of Modern Sociological Jurisprudence is - Rudolf
Van Ihering.
Historical School:
Main Aspect of Historical School is Relationship between
Law and Society. This school believes that law is a result of
Local and Social Customs, Local People and the Local His-
tory.
This School mainly believes that every Society has its own
specific needs and necessities which majorly decide the Be-
haviour of the Society. As and when the needs changes; the
Behaviour also changes.
Many Jurists have contributed in the Development of Histori-
cal School, like - Montesquieu, Puchta, Burke, Savigny, Henry
Maine. Lets discuss them one by one!
1. Montesquieu :-
He is the first Jurist of Historical School and is often credited
for the Evolution of Historical School. He in his famous Book
‘Spirit of Laws’ said ‘ Law must keep Pace with the Changing
Needs of the Society’
2. Savigny :-
He is the Father of Historical School - and his major contribu-
tion to this school was ‘Volkgeist Theory’ - which means that
Law has its root in the General will or General Conscious of
the People. According to him ‘"Law grows with the Growth
and strengthens with the strength of the people and finally dies
away as the Nation loses its Nationality’.
3. Burke :-
According to him ‘ Law is the Product of the General process
meaning thereby that Law is a DYNAMIC process which
changes and develops according to suitable circumstances in
Society.
4. Henry Maine :-
His outlook was too broad to include him to remain within the
confines of just one school. His main contribution was the
evolution or transformation of societies "from status to con-
tract” and "Legal Fictions, Equity and Legislation”.
5. Puchta :-
He believed that neither the people nor the State alone can be
source of Law. ‘ Man likes to live in unity and this Unity pre-
pares the Ground for General Will’. According to him, the
State comes into Practice only to Regulate the System when
there is a conflict between General will of the People and Self
Interest of the Individual.
1. INTRODUCTION: In the words of Thurman Arnold “ob-
viously law can never be defined with equal obviousness;
however it should be said that the adherents of the institution
must never up the struggle to define law.” According to
salmond, the whole body of law can be divided into two parts,
general and special law. General Law consists of the general
or ordinary law of the land. Special law consists of certain
other bodies of legal rules which are so special and excep-
tional in their nature, or application that it is convenient to
treat them as standing outside the general and ordinary law.
2. DIVISION OR CLASSIFICATION OF CIVIL LAW:
Sir Johr Salmond classified the civil law into two parts:
(a) General Law (b) Special Law
I.GENERAL LAW: The general law of a country is its terri-
torial law, which applies to all person, things, act legal rules
which are taken judicial notice of the Courts whenever there is
any occasion for their application.
(i)Shapes of General law:
General Law is of three shapes:
(a) Statute law (b) Equity (c) Common law
(ii) Examples: Examples of general law are the law of contract
or the Pakistan penal Code.
II. SPECIAL LAW:
That part of the law which has no general application through-
out country, but which is also enforced by the Courts is the
special law. It consists of those legal rules which Court will
not recognize of apply them as a matter of course but which
must be specially proved and brought notice of the Courts by
the parties interested in their recognition.
(i)Illustration: The Court may not and ordinarily it does not
Know, what a `particular custom is. The parties have to prove
such a custom if they rely upon.
3. KINDS OF SPECIAL LAW:
Salmond refers to six kinds of special laws which fall outside
the general law.
(i) Local law: Local law is the law of the locality and not the
general law of the country. It is of two types:
(a) Local customary law (b) Enacted law
(a) Local Customary Law: It is that law, which is derived
from immemorial customs, prevails in the particular locality of
the state.
(b) Enacted law: It means such law proceeding form local
legislative authorities.
(ii) The conflict of laws: The conflict of laws is also known
as foreign law or private international law. Justice and expedi-
ency require sometimes that the municipal Courts apply a rule
of foreign law to determine the right and liabilities of the liti-
gants before it.
(iii) Conventional law: Conventional law arises out of agree-
ment between the parties who are subject to it e.g., rules of a
club or Articles of Association of Company.
(iv) Autonomic law: By autonomic law is that species of law
which has its source in various form of subordinate legislative
authority possessed by private persons and bodies of person.
Such form of law is enforced in the Court but it is not general
application e.g., law of universities, railway companies etc.
(v) Martial law: Martial law is the law administered in the
Courts maintained by military authorities. It is of three kinds:
(a) It is the law for the discipline and control of the army itself
and is commonly known as military law
b) The law by which the army governs in times governs times
of war occupied territory, outside the realm.
(c) The law which in times of war or other emergency, the
army governs the realm itself in derogation of the civil law.
(vi) International law as administrated in prize Courts:
It is a special kind of law which is dealt by the prize Courts in
the times of war. Prize law is that part of law which regulates
the practice of the capture of the ships and cargoes at sea in
times of war. Prize law is the branch of civil law. It has two
characters.
(a) It is
international law because it prevails between nations. (b) It is
civil law as it is administered in civil Courts.
(vii) Mercantile Customs: Another kind of
special law consist of the body of mercantile wage knows as
the law merchant. The law relating to Hundis derives its origin
form mercantile customs.
4. CONCLUSION: To conclude, I can say, that both general
and special law are the parts of the law or corpus juris. Ac-
cording to Salmond, the test of distinction is judicial notice.
By judicial notice is meant by knowledge which any Court
possesses and acts upon as contrasted with any knowledge
which a Court is bound to acquire on the strength of evidence
produced for the purpose. In General law court is bound to
take a judicial notice while in special law it is not necessary.

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