jurisprudence and various kinds of jurisprudence LLB Notes

 jurisprudence and  various kinds of jurisprudence

1) Introduction;-

 The study of Jurisprudence started from Roman’s age and the Definition given by Roman jurists not quite clear. Even every jurist has his own opinion about definition of jurisprudence and limits of jurisprudence because Limits of jurisprudence relies upon nature of society of current age. In French jurisprudence refers “Case Law” but today jurisprudence has broader sense as it had understood in Austanian age. Jurisprudence is basically the legal study of nature, study of law, legal analysis of law and explanation of existing laws as well as analysis of moral, historical and cultural values prevailed all over the world .

2) Meaning of Jurisprudence ;-

 The word jurisprudence has been derived from Latin Word “Jurisprudentia” which means “knowledge of law” or “skills in Law”

Meaning in Black’s Law dictionary ;-

 The meaning of jurisprudence under black law dictionary is “Philosophy of Law”

3) Definition of Jurisprudence;-

 Jurisprudence is a study of law and legal questions in which different laws are being analyzed and explained

i. Austin’s Definition:-

 Austin defines jurisprudence as “the philosophy of positive law” positive law is such law which has been laid down by a political superior for controlling the administrative affairs.

A. Criticism on Austin’s Definition;-

 Salmond’s criticism ;-

 The error in Austin’s definition is that he believes that a legal principle of a specific time is only common in a single system of law and it cannot be dealt in general jurisprudence

B. Definition of jurisprudence at Present ;-

 Modern jurisprudence began in the 18th century and it is focusing on the study of law and legal questions of the present age furthermore, jurisprudence analyzing other disciplines such as philosophy, psychology, economics etc. It believes that laws are a product of the values of society .

4) Kinds of Jurisprudence;-

 Following are the three kinds of jurisprudence

1. Analytical Jurisprudence ;-

 Analytical jurisprudence deals with the analysis of principles of law . It is not concerned with the past gradual development of jurisprudence  and it is also not concerned with the goodness or badness of law  But it’s main purpose is to analyze the law of the land which exists today .

a) Analytical Jurists;-

  Following are the jurists who have analytical approach regarding jurisprudence.

•   Jeremy Bentham, 
•   Austin, 
•   Sir William, 
•   Holland and 
•   Salmond are those jurists who were founder of analytical school of thought  

b) Scope of analytical jurisprudence;-

 Following is the scope of analytical jurisprudence. And analytical jurisprudence does:

 i. Analysis of Law

ii. An analysis of legal right

iii. An analysis of other relevant legal concepts

iv. Study of source of Law

v. An analysis between civil law and other forms of law

vi. An analysis of the ideas of state, sovereignty and administration of justice

vii. An analysis of the theory of legislation and judicial precedents

viii. An investigation of theory of legal liability in civil and criminal cases

c) Importance of analytical jurisprudence;-

 The analytical jurisprudence is playing an important role in law because it brought an accuracy in legal thinking and legal terminology has also been provided by analytical jurisprudence and all irrelevant terminology has also been excluded from law by analytical approach

2. Historical Jurisprudence;-

Historical jurisprudence deals with gradual development of law and it is the history of the legal principles and beginning of legal system

a. Historical jurists;-

 Following are the jurists who have historical approach regarding jurisprudence.

• Sevigne, 
• Montesquieu and 
• Rousseau are those jurists who were the founder of historical school of thought    

b. Scope of Historical Jurisprudence;-

  Following is the scope of historical jurisprudence. And historical jurisprudence deals with:


i. Law’s different forms from its beginning of time

ii. Origin of law and development of legal principles which were necessary in legal system

iii. The reasons by which legal principles have been established

c. Importance of historical Jurisprudence;-

 The historical jurisprudence is playing an  important role in study of law as It tells us that, law can’t be understand without knowing the circumstances in which it had established

3. Ethical Jurisprudence;-

 Ethical jurisprudence deals with the law as it ought (Chahiye) to be in an ideal state. It investigates the purpose of law . Ethical jurisprudence defines the relation between law and ethical manners in order to maintain the administration of justice  .

a) Ethical Jurists;-   

Following are the jurists who have historical approach regarding    jurisprudence.

• Bentham, 
• Hobbes and 
• Kant were the founder of ethical school of thought  

b) Scope of ethical jurisprudence;-

  Following is the scope of ethical jurisprudence. And ethical jurisprudence deals with:

i. The Concept of Law

ii. The relation between Law and ethical manner

iii. Study of ethical manners in order to maintain administration of justice .

 5) Other kinds of Jurisprudence At present,;-

 following are also other kinds of Jurisprudence:

1. Sociological Jurisprudence;-

 Sociological jurisprudence deals with social norms of the society which give rise to legal institutions. Sociological jurisprudence does not focus on study of law as well as aim of law

2. Comparative jurisprudence;-

Comparative jurisprudence is comparing common rules between two or more systems of law which are prevailed in different systems of law. Meanwhile, comparative jurisprudence discovers common ideas and common terminology between two system or more

3. Synthetic jurisprudence;-

Synthetic jurisprudence deals with the facts as it is necessary to determine the truth from all aspects. As Dr Sethna says, Jurisprudence is a study of legal principles including their historical, sociological and ethical analysis of legal concepts.

4. American realists ;-

 American realists are the supporters of sociological jurisprudence and they focus on the decisions made by courts of law. They study those factors due to them judges made their decisions

5. Scandinavian realists ;-

Scandinavian realists do not support formal law because they say when court makes their decision for a case they don’t keep in mind the logical grounds. Realists are opposed to the value of legal terminology, because  they prefer to evaluate the law in terms of its behavior

6) Conclusion ;-

 There are many approaches to studying jurisprudence. Jurisprudence is a part of history, sociology, ethics and philosophy of life. It has been classified by different jurists in various kinds. Apart from traditional (purani) approaches ,new approaches are practical and main concern . Former were started their analysis from facts and new starts their analysis after facts examined .