Introduction to What is Jurisprudence?
There is no standard and universally acceptable definition of jurisprudence. The Latin word ‘Jurisprudentia’ means knowledge of law or skill of law. It is the theoretical study of law mostly by philosophers. Romans are believed to have started the study of law and the subject of jurisprudence varies vastly. The father of Jurisprudence is considered Bentham. His work was taken further by Austin.
Bentham had two approaches regarding the analysis of law which were the expositorial approach and the censorial approach meaning referring to command of law and morality of law respectively. However, The idea that law is the command of sovereign was emphasised by Austin. Law was defined as a ‘lawyers extraversion’ by J. Stone. Further, he considered it an examination of techniques, percept and ideas of law by a lawyer. Law, thus, is neither good nor bad. The science of law is said to be jurisprudence.
Definition
According to Austin, Jurisprudence is not concerned with the goodness or badness of law but deals with Positive laws (laws strictly so called). Particular jurisprudence, that is, the science of any portion of law or of any actual system of it and general jurisprudence, that is, subjects or ends common to all areas, are the two aspects attached to it. These two aspects are the same in essence but vary in scope.
Salmond criticized Austin’s theory by stating that these two areas are not the only ones and there are concepts which do not fall in any of the two. Salmond was of the view that jurisprudence is the science of law. Holland criticized it by saying that it, not the science which is material itself, but only the material. Holland defines jurisprudence as positive laws with a formal science. It is not a material science, but an analytical one.
- Here, sovereign political authority enforcing the general rule of external human action is meant by Positive Law. Only the word ‘formal’ is added to Austin’s definition. By ‘Formal’, it is meant that only the form is studied and not the essence. Intricacies of a subject are not studied, but the external features are focused on. Thus, Jurisprudence is not concerned with how particular positive law is or how it is applied.
Gray and Dr. Jenks criticized the definition and are of the view that is a formal science concerning the conditions, human relations, form, social life, human relations that grow in society and to what legal significance is attached by the society.
The systematic arrangement and study of general principles of law were defined as Jurisprudence by Keeton.
To give a brief definition, jurisprudence could be defined as the study of fundamental legal principles.
Significance of Jurisprudence:
- Jurisprudence involves serious research and contributes to the development of the society by impacting the whole legal system as well as political and social systems.
- It turns the complexities of law into more manageable and rational ones by elucidating and constructing concepts, thus helping improve its practice.
- It is logical, further sharpening the logical skills of those involved in the legal sector. Jurisprudence also serves educational aspects.
- Law can be put in its useful and proper context through jurisprudence by considering the needs of the society and advances in several sectors.
- It acts as the grammar and eye of law throwing light on the fundamental principles of law. Actual rule of law could be found out by understanding the nature, concepts and distinctions of law. It thus forms the basis of legal training so that those involved in the legal field can dictate fallacies and accurately use legal terminology.
We can conclude this article by looking into what Professor Dias defined jurisprudence as. He was of the view that jurisprudence acts as an opportunity for lawyers to bring theory and life into focus. It is concerned with human thought in relation to social existence.
By Maahi Mayuri
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