All about jurisprudence


The study of jurisprudence began with the Romans. The definitions given by the Roman jurists are vague and inadequate, but they raise the idea of ​​a legal science. Each jurist has his own notification of the subject and the proper limits of the jurisprudence depend on his ideology and the nature of the society. The word jurisprudence used in different languages ​​in different ways. In French, repeat “jurisprudence”. There has been a change during the last century and today’s jurisprudence is conceived in a broader sense than had been understood in the Austin era.

The term jurisprudence is derived from the Latin word “Jurisprudentia” which means “knowledge of the law” or “skill in the law”

Many eminent jurists have tried to define jurisprudence, some of them will be given below: [19659002] Definition of Jurisprudence:

It is difficult to give a universal and uniform definition of jurisprudence. The following definitions have been given by leading jurists.

1. Austin definition:

Austin defines jurisprudence as “the philosophy of positive law” positive law means the law established by the political superior to control the conduct of those subjects under his authority.

to. Austin jurisprudence divisions:

Austin divided the jurisprudence into the following:

1 General jurisprudence

(2) Private jurisprudence

(1) General jurisprudence:

General jurisprudence includes such topics or purposes of law as are common to all systems.

(2) Private jurisprudence:

Particular jurisprudence is the science of any real system of law or any part of it.

2. Definition of Jurisprudence of Hollands:

Sir Thomas Erskine Holland defines jurisprudence as “The formal science of positive law”.

to. Analysis of the definition of the Netherlands:

According to Holland, jurisprudence is not a material science. Holland follows Austin’s material science. Holland follows Austin’s definition, but adds the term “formal,” which means it refers only to form and not its essence. He says that jurisprudence is only a formal science, that is, a science that describes only the form or the external side of the subject and not its internal contents.

3. Salmonds Definition of Jurisprudence:

Salmond defines Jurisprudence as “The Science of Law” by law, it means “Land Law” or “Civil Law”.

Salmond uses the term Jurisprudence in two ways.

i. Generic sense:

The Generic Jurisprudence includes the entire body of legal doctrines. In this sense, the jurisprudence is of three types:

to. Expository or systematic jurisprudence:

It deals with the contents of a real legal system such as the existing law at any time, either in the past or in the present.

b. Legal history:

This is the history of the development of the law.

c. Science of legislation:

The purpose of the science of legislation is to establish the law as it was. It is about the ideal of the legal system and the purpose for which it exists.

ii. Specific sense:

Specific jurisprudence deals with a particular department of legal doctrines. In this sense, it is also called theoretical or general jurisprudence. It is also defined as “the science of the first principles of Civil Law. In this sense, it divides the subject into three branches:

to. Analytical jurisprudence

b. Historical jurisprudence

c. Ethical jurisprudence

4. Definition of jurisprudence in the current scenario:

The term jurisprudence can be tentatively described as any thought or writing about law and its relationship with other disciplines such as philosophy, psychology, economics, anthropology and many others.

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