nature &scope of juris new-2.pptx

This ppt describes nature and scope of jurisprudence

1. Nature and Scope of Jurisprudence jurisprudence – Latin word  ‘ Jurisprudentia ’ – Knowledge of Law or Skill in Law . Synonym for law Philosophy of law Science of law Legal theory – coined by W. Friedman in 1945

2. Bentham was the first one to analyse what is law. He divided his study into two parts: 1  Expositorial Approach-- Examination of Law as it is- Command of Sovereign. 2  Censorial Approach --- Examination of Law as it ought to be- Morality of Law.

3. Austin, defines jurisprudence as Science of law which concerns with analysis of the concept or its underlying principles. He said that “Science of Jurisprudence is concerned with Positive Laws that is  laws strictly so called . It has nothing to do with the goodness or badness of law. This has two aspects attached to it: 1.  General Jurisprudence - It includes such subjects or ends of law as are common to all system. 2.  Particular Jurisprudence - It is the science of any actual system of law or any portion of it..

4. Holland’s Definition - Jurisprudence means  the formal science of positive laws . It is an analytical science rather than a material science. Positive law – the general rule of external human action enforced by a sovereign political authority. Salmond - He said that  Jurisprudence is Science of Law . By law he meant  law of the land or civil law

5. Roscoe Pound - He described J urisprudence as the science of law using the term  ‘law’  in  juridical sense  as denoting the body of principles recognized or enforced by public and regular tribunals in the Administration of Justice. Dias and Hughes - They believed  Jurisprudence as any thought or writing about law rather than a technical exposition of a branch of law itself .

6. Ulpian describe jurisprudence as the knowledge of things, human and divine, the science of just and unjust. Julius stone describes as lawyers extraversion. It is the lawyers examination of the precepts, ideals and techniques of law in the light derived from present knowledge in disciplines other than the law . Conclusion-  Thus, we can safely say that  Jurisprudence is the study of fundamental legal principles .

7. Scope of Jurisprudence according to philosophical school :- Jurisprudence includes the study of law and ideals . The ideals include ,the purpose of law ,maintain justice ,or greatest happiness of the greatest number. The scope of jurisprudence is very wide and includes natural and positive law, along with some social concept.

8. Scope of Jurisprudence according to Analytical school : According to John Austin the scope of jurisprudence is that part of law properly so called which include law made by political superior. The analytical jurisprudence are concerned with the definition of law and are interested only in systematic study of without reference to history ,morality etc. International law, morality , natural law are not included in the scope of jurisprudence. Historical school :- the jurist of this school like savigny include the social institutions , history ,culture , language in the scope of jurisprudence .

9. Sociological school : Law emerges from t he society. Roscoe Pound was essentially concerned with the function of law in a society . In general one can states that jurisprudence has a very wide scope . It include origin ,source, validity ,functions of law. It also include the study of certain concepts such as justice ,morality ,possession , ownership etc.

10. Utility of jurisprudence A study of those fundamental principles which are common to all legal system of law is of great advantage to study of particular system of law. The aim of jurisprudence is to develop those fundamental principles the knowledge of which is essential for the practical work of the advocate and which is adopted by the society to adjust the relations between man and man.

11. Jurisprudence also has great educational value .the logical analysis of legal concepts widen the outlook of lawyers and sharpens their logical technique. A study of jurisprudence is of immense value to the closely allied science of legislation. Jurisprudence provides the rules of interpretation and as a result, it helps judges and lawyers in understanding the importance of laws passed by the legislators.