JURISPRUDENCE

Introduction

Meaning, Content and Nature of Jurisprudence

• Juris prudentia : Latin expression_knowledge of or skill in law_exposition of
particular branches of law
• English Jurisprudence : Bentham and John Austin_Expositorial and Censorial
jurisprudence_the analysis of formal structure of law and its concepts
• Buckland : The analysis of legal concepts
• Julius Stone: The lawyer’s extraversion
Jurisprudential study concerns thought about law, its nature, function and functioning
on the broadest possible basis, and about its adaptation, improvement and reform.
 Jurisprudence investigates questions as :
What are rights and duties?
How are they used?
How do they work?

Gray said ‘The real relation of Jurisprudence to Law depends not upon what Law is treated, but how
Law is treated
Holmes J ‘ The life of the law has not been logic: it has been experience
Ivory Jennings : laws develop according to needs, not the logical implications of definitions
Every definition is the product of some prior investigation.