UNIT – 1

Introduction –
Jurisprudence is the study of the philosophy of law or the knowledge of the law
and its applications. The reason for this is that it is not a system but a growing
and systematic subject having no limitation on itself. Jurisprudence can cover
the law as a whole.
It allows us to take a flexible approach to all sorts of legal questions provided
with a deeper understanding of legal reasoning, legal systems, legal institutions,
and the role of law in society though it has no limited scope being a growing
subject. But there is a difference of opinion about the nature of jurisprudence. It
is called both art and science. But to call it the science of law would be more
accurate. The reason for this is that just as in science we draw conclusions after
making a systematic study by inventing new methods.
Meaning –
The word ‘Jurisprudence’ originates as ‘systematic knowledge of the law’ from
the legal thoughts of French Jurisprudence. It came from the Late Latin word
‘jurisprudentia’, which means ‘science of law’ or ‘knowledge of the law’ or
‘skills of law’, where ‘Juris’ means law and ‘prudentia’ means ‘knowledge or
skills’. It covers all sorts of legal principles of the world. Therefore,
jurisprudence refers to the understanding of law and its practical application.
Definition –
1. According to John Austin
Jurisprudence means, “Law is a command issued from a sovereign power to an
inferior and enforced by coercion”.
2. According to Salmond
“Jurisprudence is the science of the first principle of the civil law.”
3. According to Julius Stones
“Jurisprudence is the lawyer’s extraversion. It is the lawyer’s examination of the
precepts, ideas, and techniques of the law in the light derived from present
knowledge in disciplines other than the law.”
4. According to Holland
“Jurisprudence is the formal science of positive law”.
What is Jurisprudence –
Jurisprudence in a limited sense means the illustrations of general principles
upon which the acted rules are based. It concerned with rules of external
conduct. Its primary function is to impart us to the knowledge of “law”. The
term Law is used in an abstract sense… it implies the discipline and profession
concerned with the customs practice and rules of conduct of a community that
recognized as binding by the community. Enforcement of the body of rules is
through controlling human conduct. The law is treated in the number of articles
in a number of different ways. Here it is not in the sense of legislation or
statutes instead of in a sense of principles underlying such laws.
Jurisprudence might ask “what are the rules for deciding if a person has caused
harm to another”, legal philosophy might ask “what is causation” or “what does
it mean to be a person”.
Q1. Explain the nature, scope and value or purpose of Jurisprudence?
Ans. Nature of Jurisprudence –
It is difficult to give a universal and uniform definition of jurisprudence. Every
jurist has his own notion of the subject matter and it depends upon his ideology
and nature of society. The words used for law in different countries convey
different meanings.
The word Jurisprudence is not generally used in other languages in the English
sense. In French, it refers to something like ‘case laws’.
The study of jurisprudence started with the Romans. Jurisprudence is the study
and theory of law and it plays a critical role in shaping our understanding of the
legal system. This field provides insights into the fundamental principles and
concepts of law, including the meaning of rights, duties, possessions, property
and remedies. By examining these concepts, jurisprudence helps us to better
understand the role and function of law in society.
One of the key aspects of jurisprudence is its focus on the sources of law. This
field provides insights into the various sources of law, including statutory law,
common law and constitutional law. Through the study of jurisprudence,
scholars and practitioners seek to develop a deeper understanding of how these
sources of law interact with each other and how they influence the development
of legal systems over time.
Another important aspect of jurisprudence is its role in clarifying the concept of
law itself. While the law is often thought of as a set of rules and regulations,
jurisprudence helps us to understand that law is a complex and multifaceted
concept that cannot be reduced to a simple definition. Instead, the law is a
dynamic and evolving concept that is shaped by a range of social, cultural and
political factors.
It is important to note that jurisprudence is not a substantive or procedural law.
Rather, it is an uncodified law that provides a framework for understanding the
legal system as a whole. Jurisprudence serves as the “eye of law,” providing
insights into how the law operates and how it can be used to achieve justice and
fairness in society.
According to Austin:
Austin divided the subject into two aspects
 General Jurisprudence; and
 Particular Jurisprudence
“General jurisprudence is an attempt to expound the fundamental principles and
broadest generalisations of two or more systems.
“Particular jurisprudence is the science of any actual system of law or any
portion of it. The only practical jurisprudence is particular”.
Scope of Jurisprudence –
The scope of jurisprudence is vast and diverse, covering various topics such as
legal logic, legal frameworks, human behavior, politics, economics and culture.
Jurisprudence is a field of study that encompasses a wide range of topics and
disciplines. It explores the relationship between law, culture and society and it
seeks to understand the fundamental principles and concepts that underpin the
legal system. One of the key aspects of jurisprudence is its focus on legal logic,
which involves the study of legal frameworks, bodies of law and the reasoning
behind legal decisions.
However, the scope of jurisprudence goes beyond just the study of legal logic. It
also encompasses other fields, such as psychology, politics, economics,
sociology and ethics. This is because the law is not created in a vacuum, but
rather is shaped by the social, cultural and political context in which it operates.
Therefore, jurisprudence seeks to understand how these various fields intersect
with the law and how they influence the development and application of legal
principles.
The study of jurisprudence is also important for understanding the nature of law
itself. It explores questions such as the origin of law, the need for law and the
utility of law and seeks to develop a deeper understanding of how the law
operates in practice. This includes studying various legal systems and traditions
and how they have evolved over time.
Value or Purpose of Jurisprudence –
Jurisprudence does not contain a sets of rules as in contracts or torts and also
has no practical application. However, it has its own values, unique and
distinctive.
 The subject has its own intrinsic
 Its researches have influenced other subjects in the field of political,
medical, and social.
 It is educative, as it sharpens the lawyers own.
 Its method and explanations help resolve the complexities of Thus, theory
helps law to solve problems and,
 Professional lawyers may get a glean into the sociology of law e., the
realities of time, and, make them look-forward with a orientation.
The purpose of jurisprudence is to study the law and legal concepts and analyze
the same to facilitate better understanding of legal complexities. Therefore, the
theories of jurisprudence are quite useful in solving complex legal problems in
the practical world. The various studies and analysis of the legal concepts help a
legal professional in sharpening his legal acumen. The subject has immense
academic value.
One of the most important features of jurisprudence is its relationship with other
social sciences such as sociology, political science, ethics, etc. Therefore,
research in the field of jurisprudence yields great number of social benefits.
Moreover, jurisprudential concepts make way for sociological perspectives in
law, thereby preventing it from being reduced to rigid formalism. Jurisprudence
is known as the “grammar of law”. It helps in the effective expression and
application of legal concepts to real-life legal problems. It greatly helps in the
interpretation of law and determination of legislative intent. It stresses upon the
importance of considering present social needs over the ideas of the past while
dealing with legal problems.
Jurisprudence is also known as the “eye of law”. The human eye senses the light
reflected from objects to make them visible. Similarly, jurisprudence throws
light on several fundamental legal concepts to facilitate their effective
application in deliberation of legal problems.
Conclusion –
Jurisprudence plays a crucial role in the development of legal systems and
societies, as it provides a theoretical framework for understanding the law and
its underlying principles. Through jurisprudence, we gain knowledge about the
basic principles of law and the sources from which they are derived. It helps us
to understand the legal systems of different countries and the cultural, social and
economic factors that shape them.
The purpose or value of the law is to regulate society to maintain order.
Jurisprudence ensures that law remains connected with society and its
philosophies. Without jurisprudence, the law would be reduced to a formalistic
science which may appear to facilitate its goal of regulation. However, in the
long run, it would only lead to a situation of chaos and constant conflicts
between law and society.
Q2. Define jurisprudence? Explain the nature, scope and significance of
Jurisprudence? OR
Explain the utility of jurisprudence with decided case laws?
Ans. Significance or Utility of jurisprudence –
Significance - It gives a multidimensional approach to the system of law. At
times, a huge gap is observed between the law and its application in society.
Jurisprudence helps in such cases. It helps in bringing logic to the rules of law
so that the application in society can be beneficial for the people. It also shows
us the connection of law with subjects such as philosophy, economics,
psychology, politics, etc. People, especially judges and lawyers, get a better
understanding of the concept of law through the study of jurisprudence. It also
helps the authorities to understand how and when any reformation is required.
Lord Tennyson, considers jurisprudence as ‘the lawless subject of law’.
Utility - It is sometimes said that jurisprudence has no practical utility as it is an
abstract and theoretical subject. Salmond does not agree with this view.
According to him, there is its own intrinsic interest like other subjects of serious
scholarship Just as a mathematician investigates the number theory not with the
aim of seeing his findings put to practical use but by reason of the fascination
which it holds for him, likewise the writer on jurisprudence is impelled to his
subject by its intrinsic interest. It is as natural to speculate on the nature of law
as on the nature of light. Researches in jurisprudence may have repercussions
on the whole of legal, political and social thought.
Jurisprudence also has practical value. Progress in science and mathematics has
been largely due to increasing generalisation which has unified branches of
study previously distinct, simplified the task of both scientist and mathematician
and enabled them to solve by one technique a whole variety of different
problems. Generality can also mean improvement in law. The English law
relating to negligence has progressed from a host of individual rules about
particular types of situations to a general principle. One of the tasks of
jurisprudence is to construct and elucidate concepts serving to render the
complexities of law more manage- able and more rational. In this way, theory
can help to improve practice.
Jurisprudence also has an educational value. The logical analysis of legal
concepts sharpens the logical technique of the lawyer. The study of
jurisprudence can also help to combat the lawyer's occupational view of
formalism which leads to excessive concentration on legal rules for their own
sake and disregard of the social function of law. Law is to be put in its proper
context by considering the needs of society and by taking note of the advances
in related and relevant disciplines. A proper grasp of the law of contract may
require some understanding of economics and economic theory, a proper grasp
of criminal law, some knowledge of criminology and psychiatry and a proper
grasp of law in general and some acquaintance with sociology. Jurisprudence
can teach the people to look, if not forward, at least sideways and around them
and realize that answers to new legal problems must be found by a
consideration of the present social needs and not in the wisdom of the past.
Jurisprudence is often said to be "the eye of law". It is the grammar of law. It
throws light on the basic ideas and the fundamental principles of law. To quote
Holland: "The ever renewed complexity of human relations calls for an
increasing complexity of legal details, till a merely empirical knowledge of law
becomes impossible".
By understanding the nature of law, its concepts and distinctions, a lawyer can
find out the actual rules of law. It also helps in knowing the language, grammar,
the basis of treatment and assumptions upon which subject rests.
Some logical training is necessary for a lawyer which he can find from a study
of jurisprudence. Jurisprudence trains the critical faculties of its students so that
they can detect fallacies and use accurate legal terminology and expression. In
his practical work, a lawyer has to tackle new and difficult problems which he
can handle through his knowledge of jurisprudence which trains his mind into
legal channels of thought For example, a question may arise whether a certain
person is entitled to certain property by virtue of his adverse possession for
more than the prescribed period of time. His knowledge of jurisprudence will
tell him what constitutes possession and that will help him in tackling the
problem before him.
A study of jurisprudence helps legislators by providing them a precise and
unambiguous terminology. It relieves them of the botheration of defining again
and again in each Act certain expressions such as right, duty, possession,
ownership, liability, negligence etc.
The study of jurisprudence enlightens students and helps them in adjusting
themselves in society without causing injuries to the interests of other citizens J
G. Phillimore observes: "Such is the exalted science of jurisprudence, the
knowledge of which sends the students into civil life, full of luminous precepts
and notions, applicable to every exigency of human affairs."
Jurisprudence helps the judges and the lawyers in ascertaining the true
meanings of the laws passed by the legislatures by pro- viding the rules of
interpretation.
According to Dr. M.J. Sethna, the value of jurisprudence lies in examining the
consequences of law and its administration on social welfare and suggesting
changes for the betterment of the superstructure of laws.
The true purpose of the study of jurisprudence should not be confined to the
study of positive law alone but must include normative study. That study should
deal with the improvement of law in the context of prevailing socio-economic
and political philosophies of time, place and circumstances. We agree with
Pound's theory of the "functional attitude", regarding law as "social engineering,
the utility of which should be tested every now and then by the jurists who
should improve its quality at every stage. The very vagueness of the concept
should serve as a challenge to legal thinkers in the country and that should
encourage all lawyers and jurists on an inquiry as to the sense of societal values
which should be nursed and nurtured in order to build a proper legal system
which will serve as an efficient vehicle of socio-economic justice".
Prof. R.W.M. Dias writes 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. Teachers of law hope to encourage their pupils to
learn how to think rather than what to know and jurisprudence is peculiarly
suited to this end.
Case Laws –
Conclusion –
The study of jurisprudence helps one remove the complications in the
understanding of legal concepts. It helps the mind in creating logic and
understanding the reason behind such legal concepts. Even the lawyers and
judges take the help of jurisprudence for the interpretation of some rules. A law
student must read jurisprudence to understand the depth of the concept of law
and create a solid foundation in one’s mind. Jurisprudence is also known as the
‘eye’ of the law.
Q3. Explain schools of jurisprudence?
I. Discuss the Natural law theory? OR
Explain natural law theory and state its relevance? OR
“Natural law is dictate of reason” Explain? OR
Discuss the natural law theory. State the criticisms against natural law theory?
II. SN on Volkgeist? OR
SN on Historical school of jurisprudence?
III. Explain Austin’s theory of law? OR
Examine the”Austinian concept of law” (Analytical School)? OR
SN on law as a command? OR
Explain law as “Command of Soverign”?
IV. Sociological school of jurisprudence?
Rega Surya Rao Pg No 185 onwards
Q4. SN on Hart’s concept of law? OR
SN on Authority of law?
Rega Surya Rao Pg No 206 onwards
Q5. SN on Legal Realism? OR
Discuss the term legal realism?
Paranjape Pg No 81 onwards
Q6. Explain in brief different sources of law? OR
SN on law as a system of rules?
Rega Surya Rao Pg No 33 onwards and Paranjape Pg No 213
Q7. SN on codification of law?
Rega Surya Rao Pg No 30 onwards
Q8. Note on International law as a law?
Paranjape Pg No 165 and Rega Surya Rao Pg No 27 onwards
Q9. Note on Authority of law (Hobbe’s)?