JURISPRUDENCE

TOPIC: SCOPE & UTILITY OF JURISPRUDENCE

SUBMITTED BY:
EESHA.VALLURI
BBALL.B(B)5TH SEMESTER
INTRODUCTION:

 Jurisprudence had its evolutionary beginning from classical Greek period to 21 st

century modern jurisprudence and its concept that brings theory and life into
focus.
 It deals with the fundamental principles on which rests the super structure of law.
In abstract it is a subject whose knowledge is the basis and foundation of whole
legal studies
 It defines as study of fundamental legal principles including philosophical ,
historical &social basis and analysis of legal concepts and it is concerned with
normative and not merely with the actual but also the intended.
 The name suggests “juris” and “prudence” which means knowledge of law or the
science which gives knowledge about law
EVOLUTION & NATURE
 Romans were first to recognize legal science as distinct branch of learning. They
realized that there are certain basis principles which govern every legal system.
 Thus, behind all concrete laws, there exists fundamental principles which lend
and explain the working of laws.
 Once the core of legal system was started to be explained law was attempted to be
defined in much wider perspective.
 Such attempts into the development of jurisprudence as a formal science by
Hobbes, Bentham and Austin
 Every legal system reflects the social background in which it operates.
Jurisprudence as a science of law, can not be divorced from society. Thus
jurisprudence is closely related with other social sciences.
 The nature of jurisprudence has been changing due to dynamic nature of law. It
had respond to changing patterns of society as well and thus, its scope has been
considerably increased.
DEFINATIONS:

 Austin states that science of jurisprudence is concerned with positive laws. That
is laws strictly called. It has nothing to do with goodness or badness of law. He
divides jurisprudence into two classes :-
 1. general jurisprudence
 2. particular jurisprudence
 According to Salmond
 Jurisprudence is the science of first principle of civil law. He divided
jurisprudence into generic & specific jurisprudence
 According to Allen:
 He defines jurisprudence as scientific synthesis for all essential principles of law
SCOPE & UTILITY
 With the change in nature of society and resultantly law, the realm of
jurisprudence has been widened to include anything that concerns with state &
society
 New jurisprudence is both an intellectual and idealistic abstractions as well as
behaviouristic study of man in society. It includes political, social, economic, and
cultural ideas. It covers the study of man in relation to state & society.. These
lines are given by P.B Mukherjee.
 Thus , it does not discover the legal rule, rather, it reflects on already existing
rules of legal system.
 It rationalizes the concepts of law which enables one in solving the usual
problems of implementation of law. It thus, increases the quality of law.
 It reduces the rigidity of formalism in law and focusses on the functional aspects
of law.
CONCLUSION:

 Then by concluding this concept of jurisprudence is a

scientific study of fundamental principles of legal system.
 It is inter related with other subjects of social sciences
 It covers all the aspects of society & state
 It also sharpens the understanding about law and improves the
legal reasoning.