Nature and definition of jurisprudence

DeshrajSingh17 1,591 views 10 slides Jul 08, 2020
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About This Presentation

Chapter 1 of Jurisprudence and Discuss the meaning of Jurisprudence and Definition of Jurisprudence given by Austin


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Nature and Definition of Jurisprudence

By Deshraj Singh Assist. Prof.

Meaning of Jurisprudence The term jurisprudence is Drive from the latin word Juris and Prudentia. The word Juris means Law and Prudentia means Knowledge/Science/ or Skill. Thus Jurisprudentia means Knowledge of Law / Science of Law / or Skill of Law.

Jurisprudence is scienctific and systemic study of Law.

In Jurisprudence we have to study the basic principles of law and we are not concerned with the detail rules of these laws.

Definition of Jurisprudence 1. Austin:- The philosophy of positive Law.

In other word, jurisprudence is not a moral philosophy but it is a scientific and systemic study of existing, actual, and positive law which is distinguished from moral, natural, and ideal law.

Type of Jutisprudence acc. To Austin General Jurisprudence Particular Jurisprudence

General Jurisprudence is philosophh of positive law. Particular Jurisprudence is the science of any such system of positive law.

Criticism against Austin’s definition Salmond and Holland criticised Austin’s definition on the ground that it is not proper and apporiate to classify as the General Jurisprudence and Particular Jurisprudence.