Jurisprudence its meaning, nature and scope

JURISPRUDENCE MEANING

1. JURISPRUDENCE MEANING/DEFINITION/NATURE & SCOPE BY ANJALI DIXIT ASSISTANT PROFESSOR FACULTY OF JURIDICAL SCIENCES RAMA UNIVERSITY KANPUR(U.P.)

2. JURISPRUDENCE – IT’s MEANING,NATURE &SCOPE MEANING Jurisprudence is a “word which stinks in the nostrils of a practising barrister”. Practicing barristers and judges view it as impractical and irrelevant in interpreting legislation and administering laws.( Dicey )

3. JURISPRUDENCE Jurisprudentia (Latin Word), Juris (Law) + Prudencia (Knowledge) =Knowledge of law. Jurisprudence is methods by which you can find out ( 1) source of law (2) validity of law ( 3) object of law ( 4) Functioning of law ( 5) effect of law. The expression ‘Law’ in relation to jurisprudence means fundamental legal principles.

4. JURISPRUDENCE Ulpian :- “Jurisprudence is the observation of things human and divine, knowledge of just and unjust.” John Austin :- “Jurisprudence is the Philosophy of positive law”. Positive law means law made by sovereign. He was the first jurist to make jurisprudence as a science. There are two types of jurisprudence, (1) General Jurisprudence & (2) Particular Jurisprudence.

5. JURISPRUDENCE Salmond : - “ Jurisprudence is the science of the first principle of law.” There are two types of jurisprudence (1) Generic Jurisprudence and ( 2) Specific Jurisprudence

6. JURISPRUDENCE Gray:- “Jurisprudence is the science of law….” Holland :- “Jurisprudence is the formal science of positive law.” Dr. Allen :- “Jurisprudence is the scientific synthesis of the essential principles of law.” Keetan :- “Jurisprudence is the study and systemic arrangement of the general principles of law.” H.L.A.Hart : - Jurisprudence is the scientific study of Union of rules (Primary and Secondary Rules.) Primary rules means rules which imposes duty. Secondary Rules means rules which confers powers whereby new duties may be created and defective duties may be varied or repealed.

7. JURISPRUDENCE Julius Stone :- Jurisprudence is the lawyer’s extraversion. Laski :- Jurisprudence is eyes of law. Patterson :- Jurisprudence is a social science.

8. KIND OF JURISPRUDENCE Bentham There are two types of jurisprudence ( 1)Expository/ Expositorial (What the law is) ( 2)Evaluative/Censorial (What the law ought to be) Austin There are two types of jurisprudence, ( 1) General Jurisprudence & (2) Particular Jurisprudence. Salmond There are two types of jurisprudence ( 1) Generic Jurisprudence and (2) Specific Jurisprudence

9. BOOKS OF JURISTS Hugo Grotius : De Jure Belli Ec Pacis , ( On the Law of War and Peace ) 1625 Bentham : Limits of Jurisprudence Defined, Theories of Legislation, The Introduction to the Principles of Morals and Legistation Austin : Province of Jurisprudence Determined Julius Stone : Province of Jurisprudence Redetermined , Legal System and Lawyer’s Reasoning Ihering : Law as a means to an end Pound : Jurisprudence

10. BOOKS OF JURISPRUDENCE Hart : The Concept of Law Fuller: The Morality of Law Maine: Ancient Law Friedman : Law in Changing Societies Hohfeld : Fundamental Legal Conception Paton : A Text Book of Jurisprudence Goodhart : “Essays in Jurisprudenceand Common Law” Savigny : Das Recht Des Bestizes (The Law of Possession). System of modern Roman Law Buckland : Some reflections on Jurisprudence