Jurisprudence

7TH SEMESTER
BBA.LLB
Amity law school
auup
 Introduction to Jurisprudence
• The word "jurisprudence" is derived from the Latin word "Jurisprudentia" which means "knowledge of law".
• It signifies a practical 'knowledge of law and its application’.
• Jurisprudence may be regarded as the philosophy of the law which deals with the nature and function of law.
• It can also be defined as the study of fundamental legal principles, including their philosophical, historical, and
social basis and analysis of legal concepts. ◦ It is concerned with the normative and not merely the positive; it
is not merely with the actual but also with the intended.
 Jurisprudence defined by Various
Scholars
• Ulpian- defines jurisprudence as "the knowledge of things divine and human, the
science of the just and unjust".
• Bentham and his disciple Austin- in the early part of the 19th century gave the word
jurisprudence a technical significance among English lawyers.
• Fitzgerald- Jurisprudence ◦ “Jurisprudence is the name given to certain type of
investigations into law, an investigation of an abstract, general and theoretical nature
which seeks to lay bare the essential principles of law and legal systems.” ◦ To him,
jurisprudence is both philosophy of law and a reflective study rules which form the
basis of concrete legal problems.
• Keeton - Defines jurisprudence as "the study and systematic arrangement of the general
principles of law.”
• Dean Roscoe Pound-defines jurisprudence as "the science of law, using the term law in
the juridical sense, as denoting the body of principles recognized or enforced by public
and regular tribunals in the administration of justice".
• Cicero – “Philosophical aspect of knowledge of law”.
• Blackstone – Jurisprudence is the study of science of law.
• Austin - defines Jurisprudence as the "Philosophy of Positive Law". Austin was the first
jurist to make jurisprudence as a science.
• Salmond - defines jurisprudence as the science of the first principles of the
civil law. Thus he points out that jurisprudence deals with a particular
species of law e.g. civil law or law of the state. The civil law consists of
rules applied by courts in the administration of justice.
 Scope
• No unanimity of opinion regarding scope of jurisprudence  Jurisprudence has
been so defined to include moral and religious precepts, that has created confusion
• Austin distinguished law from morality and theology (study of nature of god)
• The scope of Jurisprudence was limited to study the concepts of law and ethics and
theology fall outside the province of jurisprudence
• Present view is that the scope of Jurisprudence can not be limited
• Anything that concerns the order and human conduct in state and society falls
under the domain of jurisprudence.
 Scope

• Justice P.B. Mukherjee – “Jurisprudence is a name given to a certain type of investigation

into law, where we are concerned to reflect on the nature of legal rules and on the
underlying meaning of legal concepts and on the essential features of the legal system.”

• Lord Radcliffe – “Jurisprudence is a part of history, economics and sociology, a part of

ethics and a philosophy of life”

• Karl Llewellyn – “Jurisprudence is as big as law- and bigger”

 Significance of Jurisprudence
• Researchers in Jurisprudence contribute to the development of society by having
repercussions in the whole legal, political and social school of thoughts:
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I. To construct and elucidate concepts text to render the complexities of law more
serving
manageable and more rational.
II. It is the belief of this subject that the theory can help to improve practice.
III. It helps in the logical analysis of the legal concepts and it sharpens the logical techniques
of the lawyer.
IV. The study of jurisprudence helps to put the law in its proper context by considering the
needs of the society and by taking note of the advances in related and relevant disciplines.
 Significance of Jurisprudence
• 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.
• Jurisprudence is the eye of law and the grammar of law because it throws light on basic ideas and
fundamental principles of law.
• It helps a lawyer in his practical work. A lawyer always has to tackle new problems every day. This he
can handle through his knowledge of Jurisprudence which trains his mind to find alternative legal
channels of thought. ◦ Jurisprudence helps the judges and lawyers in ascertaining the true meaning of the
laws passed by the legislators by providing the rules of interpretation.
• 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.” ◦
Relationship of Jurisprudence with other Social Sciences

1. Sociology and Jurisprudence

• There is a branch called as Sociological Jurisprudence.
• This branch is based on social theories.
• It is essentially concerned with the influence of law on the society at large
particularly when we talk about social welfare.
• The approach from sociological perspective towards law is different from
a lawyer’s perspective.
• The study of sociology has helped Jurisprudence in its approach. Behind
all legal aspects, there is always something social.
• However, Sociology of Law is different from Sociological Jurisprudence.
Relationship of Jurisprudence with other Social Sciences

2. Jurisprudence and Psychology

• No human science can be described properly without a thorough knowledge

of Human Mind.

• Hence, Psychology has a close connection with Jurisprudence. Relationship

of Psychology and Law is established in the branch of Criminological
Jurisprudence.

• Both psychology and jurisprudence are interested in solving questions such

as motive behind a crime, criminal personality, reasons for crime etc
Relationship of Jurisprudence with other Social Sciences

• 3. Jurisprudence and Ethics- Ethics has been defined as the science of Human
Conduct.

• It strives for ideal Human Behavior.

• This is how Ethics and Jurisprudence are interconnected:
a. Ideal Moral Code- This could be found in relation to Natural Law.

b. Positive Moral Code- This could be found in relation to Law as the Command of
the

c. Ethics is concerned with good human conduct in the light of public opinion.
 Relationship of Jurisprudence with other Social Sciences

d. Jurisprudence is related with Positive Morality in so far as law is the

instrument to assert positive ethics.
e. Jurisprudence believes that Legislations must be based on ethical
principles. It is not to be divorced from Human principles.
f. Ethics believes that No law is good unless it is based on sound principles
of human value.
g. A Jurist should be adept in this science because unless he studies ethics,
he won’t be able to criticize the law.
h. However, Austin disagreed with this relationship.
 Relationship of Jurisprudence with other Social Sciences

4. Jurisprudence and Economics

• Economics studies man’s efforts in satisfying his wants and producing and distributing
wealth.

• Both Jurisprudence and Economics are sciences and both aim to regulate lives of the people.
• Both of them try to develop the society and improve life of an individual. Karl Marx was a
pioneer in this regard.
 Relationship of Jurisprudence with other Social Sciences

5. Jurisprudence and History

• History studies past events.

• Development of Law for administration of justice becomes sound if we know
the history and background of legislations and the way law has evolved.

• The branch is known as Historical Jurisprudence.

 Relationship of Jurisprudence with other Social Sciences

6. Jurisprudence and Politics

• In a politically organized society, there are regulations and laws which lay

down authoritatively what a man may and may not do.

• Thus, there is a deep connected between politics and Jurisprudence.

Law and Morality
• While positivists have strongly contended that law should be studied in complete
isolation from ideas such as that of morality, there is a general agreement amongst
law-makers regarding the important part played by morals in effective law-making.
• The ancient societies did not distinguish between law and morality.
• But with the advent of the middle ages, the law was given a moral basis by
religion.
• In the post-reformation era, modern thinkers strongly emphasized the distinction
between law and morals.
•Law regulates the conduct of a man as long as he

• According to Arndts, there are four points of distinction between law and morality:

1. Law is concerned with the individual liberty of a person whereas morality deals with the collective ideas of what is good and bad.

2. Law regulates the conduct of a man as long as he is a member of a specific community whereas morals guide the conduct of man
even when he is all alone.

3. Laws take the external acts of a man into consideration whereas morals look towards factors such as inner determination and
direction of the will.

4. Law is enforced by way of “external coercion” whereas morals appeal to the free will of an individual.
• Correlation between Law and Morality
• The correlation between law and morality can be studied from three
different angles:
• Morals as the basis of law- In the early stages of society, there existed no
clear distinction between law and morality. All rules regulating human
conduct originated from a single source. All of them have been naturally
made out of supernatural