Jurisprudence- Meaning,

Definition, Scope and

Importance

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Meaning:

The word Jurisprudence has been derived from the

Latin word ‘Jurisprudentia’ which means and
implies “knowledge of law”.

Juris – Law Prudentia- Skills or knowledge

Therefore, in the etymological sense the word

Jurisprudence signifies “knowledge of law and its
application”.

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Definition of Jurisprudence:

John Austin: Jurisprudence is the philosophy of positive law.

(Positive law implies the law which is laid down by a political
superior to regulate the conduct of those subject to his
authority)

John Salmond: the science of first principles of the civil law.

He said the Jurisprudence deals with a particular branch of
law, .i.e. Civil Law or Law of the state. He classified
Jurisprudence under the following 3 heads-

1.Expository/Systematic
2.Legal History
3.Legislation @lexTerrae
Contents of Jurisprudence:-
Sources of law

Primary Source- Customs, Precedents, Legislation

Secondary Sources- Justice, Equity and good conscience.

Legal Concepts

Rights, Duties, Possession, liability etc.

Legal Theory
Legal theory deals with law as it exists and functions in the
society and the method by which it is made and enforced.

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Scope of Jurisprudence:

Jurisprudence includes within its ambit all concepts dealing with human
order and human conduct in State and Society. Everything which concerns
order and conduct in the State and Society is within the domain of
Jurisprudence.

Use of Jurisprudence:

1. Gives comprehensive understanding of the nature of law.

2. Helps in making holistic and scientific development of law.
3. Develops analytical understanding of mind and helps in the proper
understanding of legal terms and expressions.
4. Helps us understanding the basic ideas and fundamental principles of
law in the society.

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Relationship of Jurisprudence and other Social
Sciences:

1. Jurisprudence and History

2. Jurisprudence and Sociology
3. Jurisprudence and Economics
4. Jurisprudence and Political Science
5. Jurisprudence and Ethics
6. Jurisprudence and Psychology
7. Jurisprudence and Philosophy

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Importance of Jurisprudence:

Jurisprudence is the philosophy of law. Without

Jurisprudence it is not possible for a student to
comprehend any law. Jurisprudence is the foundation or
basis of law. If one has to understand the reasoning and
purpose behind a statute, a legal principle or the legal
system as a whole, the knowledge of Jurisprudence is
indispensible and a pre requisite as it helps him to gain a
holistic understanding of law.

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