What is “Jurisprudence”?
It is important to know the nature and scope of jurisprudence as well as the definition to make our understanding better in this regard. It is very difficult to give a universal and uniform definition of Jurisprudence. Every jurists has his own notion of the subject-matter and the proper limits of jurisprudence depend upon his ideology and the nature of society. Moreover, the growth and development of law in different social and political conditions. The words used for law in different countries convey different meanings.
The study of jurisprudence started with the Romans. The Latin equivalent of jurisprudence is “Jurisprudentia” which means either “knowledge of law” or “skill in law”.
Definition Given by Jurists
- Ulpian defines jurisprudence as “the knowledge of things divine and human, the the science of the just & unjust.”
- Paulus, another Roman jurists, defines jurisprudence that, “the law is not to be deducted from the rule, but the rule from the law.
- Julius Stone, describes jurisprudence as, “the lawyers extraversion. It is the lawyers examination of the percepts, ideals and technique of the law.
The definition of jurisprudence given by the Roman jurists are vague and insufficient but they try to give the idea of a legal science. In England, the word jurisprudence has come to mean almost exclusively an analysis of the formal structure of law and it’s concepts.
Different view of jurists about Jurisprudence
- Austin: The view of Austin is that the science of jurisprudence is concerned with positive law, with “laws strictly so-called.
- Holland: Sir Thomas Holland defines jurisprudence as, “the formal science of positive law.” It is formal or analytical science rather than a material science. The term positive law has been defined by Holland as, “The general rule of external human action enforced by a sovereign political authority.” Holland follows the definition of Austin but he adds the term formal which means that, “which concerns only the form and not its essence.” Jurisprudence is not concerned with the actual material contents of law but with its fundamental conceptions.
- Salmond: Salmond defines jurisprudence as the science of law.
- Keeton: keeton considers jurisprudence as the study and systematic arrangement of the general principles of law.
- Pound: Dean Roscoe Pound defines jurisprudence as the science of law.
Nature and Scope of Jurisprudence
There is no unanimity of opinion regarding the scope of jurisprudence. Different authorities attribute different meanings and varying premises to law and that causes difference of opinions are created.
According to Austin, he distinguished law from morality and theology and restricted the term to the body of rules set and enforced by the sovereign law making authority within the realm. According to him, jurisprudence was limited to the study of the concepts of positive law and ethics and theology fall outside the province of jurisprudence. There is a tendency to widen the scope of jurisprudence and at present we Include what was previously be considered to be beyond the province of jurisprudence . The present view is that the scope of jurisprudence can not be regimented. It includes all concepts of human conduct in State and society.
According to P.B. Mukherjee, jurisprudence is both an intellectual and idealistic abstraction as well as behavioristic study of man in society. It includes political, social, economic and cultural ideas.
According to Lord Radcliffe, jurisprudence is a part of history, a part of economics and sociology, a part of ethics and a philosophy of life.
Significance and utility of jurisprudence
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.
