Jurisprudence- Overview, scope and nature

What is jurisprudence ?

The word jurisprudence is derived from word "juris" meaning law or legal, and "prudentia" meaning skill or knowledge. So if we add these mathematically  we will get below equation.

Jurisprudence = Knowledge of Law.

Please note, jurisprudence doesn't mean knowledge of any specific act(Passed by parliament or by Monarch).

There is neither any specific definition of jurisprudence. This subject is studied from times of Aristole. Many jurist, legal scholar view jurisprudence from different perspective. We will see that shortly.

Jurisprudence deals with foundation of law, not a structure which is built on this foundation.

The word "Jurisprudence" is confusion too. The context provide meaning. For example there is Medical Jurisprudence, Hindu Jurisprudence, Muslim Jurisprudence. Each of these implies meaning which is different from another.

Definition of Jurisprudence

Many legal scholars, jurist, philosophers tried to give definition. Mind you, there is no particular definition which is universal. You c:an define also.

1) Jurisprudence as Science

Few scholars think that jurisprudence as science. Do you agree ? 

Science is verifiable truth, it's systematic body of knowledge. Below jurist believes the end(Ultimate objective) of science and jurisprudence is same.

Below are some definition of jurisprudence in terms of science.

Allen : Scientific synthesis of essential principle of laws. 

Holland : Formal Science of Positive law. We will see what is positive law in another article.

Gray : The science of law, the statement and systematic arrangement of the rules followed by the courts and principles involved in those rules. Just to give an example, remember strict liability principle ?Jurisprudence is systematic study of those principles.

Beale : Jurisprudence is science of justice

Clark : Science of Law in General.

Salmond : Science of first principle of civil law.

2) Jurisprudence as Knowledge

Ulpian : The knowledge of things, human and divine, the science of just and unjust. Well this definition is bit a mix , science as well as knowledge.

Paton : A particular method of study, not of the law of one country but of the general notion of the law itself.

Stone : The lawyer's extra-version. It's the lawyers examination of precepts, ideas and techniques of the law in the light of derived from present knowledge in discipline other than law.

3) Jurisprudence and Law. 

The third perspective is relationship between jurisprudence and law, and hence some scholars defines it in below ways.

Sethna : Jurisprudence is the harp that produces the melody of law, for the legislatures, judges and lawyers are the musicians who plays and sing on the strings (fundamental principles of laws) of this harp.

Some says jurisprudence is "Eye of Law", "Grammar of law"

You might well say, Jurisprudence as "Kidney of Law", "Heart of Law", "Oxygen of Law", "Water of Law" etc.

After this heavy worded definitions, We would like to give one example. You know killing is wrong. But when police kills people in encounter, is that wrong ? Why one act is legally right and one act is wrong ?

In some part of the world, Abortion is crime, in some part it's not. What makes abortion right or wrong ? Who should decide this is right or wrong ? 

Jurisprudence in short tries to answer few of the questions.

How jurisprudence is useful ?

First, it gives an understanding of nature of law.

Second, It helps in tracing the underlying principle of law. Strict liability, absolute liability etc

Third, It helps develop a critical faculties for legal perception.Meaning it provides ability to understand legal perception.

Fourth, it enables proper comprehension of legal expression and technology.

Fifth, as Holland said, it throws light on basic principal of laws.

Sixth, It helps lawyers and judges for proper interpretation of laws, critically analyse statutes etc.

Seventh, we know basis concepts like Rights, Liability, Obligation etc. Jurisprudence helps us understand those deeply.

Relationship with other social sciences

Economics and Jurisprudence

Economics deals with limited resources and unlimited wants. It deals with redistribution of those resources. Jurisprudence provide basis for just laws related to economics like taxation, banking (If any)

History and Jurisprudence

Present is the natural projection of Past, and Future will be projection of Present. Laws are not evolved or established in one stroke. They have been gradually evolved over a time. Therefore there is closer inter connection between history and jurisprudence.

Sociology and Jurisprudence

There are thinkers who think that Jurisprudence is closely studied from sociological thoughts. For example, Criminology deals with sociology of criminals. Criminal Jurisprudence is linked with criminology and therefore sociology also connected with Jurisprudence.

Political science and Jurisprudence

Political science deals with question, "What is legitimate government?". This is the government or state which in turn have authority to make a law. Political background have a lot to do with law in force, and hence it is connected with jurisprudence.

Psychology and Jurisprudence

Mens rea is necessary element in determining criminal liability, which in turn is intrinsically linked with Psychology.

What exactly is content of Jurisprudence ?

Jurisprudence mainly deals with below subjects

Sources of Laws

Study of the sources of laws, from where laws originated is important part of jurisprudence. There are 3 major sources of laws

1. Customs
2. Precedents
3. Legislation

When will custom become sources of law ? What all precedents have legal importance ? What is a value to be attached to precedent ? When it can be ignored ? What are the merits of legislation ? What are demerits of legislation ? 

Jurisprudence will help us answer few of the above question.

Schools of Laws

We all have different opinions. Similarly thinkers have different conception about laws.  So there are different schools of law like Natural Law,Philosophy, History, Economic, Sociological and Realists schools.

This also forms a part of larger concept known as legal theory.

Legal Concepts

Concepts like Rights, Person, Liability are dealt by jurisprudence.

Conclusion

This is a overview of jurisprudence. We are saying this "a" overview and not "the" overview, because there could again be different perspective to look at it.

Thanks

Legalfundaa