JURISPRUDENCE

 ^{INTRODUCTION TO JURISPRUDENCE}

The growth and development of law changes with the social condition of each country, therefore we can say LAW and SOCIETY are directly proportional to each other, if one changes other also has the same effect, in other words, law, and society are dynamic. The different countries use different languages to evolve and develop laws which create difficulties to interpretate the true and correct meaning of every word used in it as every word has a different meaning, it becomes very difficult to understand the true and clear definition of the word jurisprudence which create difficulties to understand it. Therefore, this is the main reason why law school students find this subject difficult and they feel lethargic to study this subject.

ORIGIN AND DEVELOPMENT OF JURISPRUDENCE

• ·      Ancient India has a very developed and ancient legal system which is known as the Hindu legal system during the Vedic period. Due to thousands of years of invasion, its developments were destroyed.
• ·      The origin of jurisprudence can be 1^st traced to ROMAN CIVILIZATION. Romans founded the analytical approach to law but they failed to develop it because, in theory, they failed to distinguish between law with justice and morals. some of the notable jurists are ULPAIN, PAULUS, etc.
• ·      England played a vital role in the development of jurisprudence during this period many great theories and concepts ( like rule of law, natural law, etc.) were originated. Some prominent jurists of this era were Austin, Bentham, DICEY, etc.
• ·      The modernization of jurisprudence can be traced to the great American reforms. During this period many great theories like social engineering were formed. Some important jurists are ROSCOE POUND, HOLMES, GRAY, PROFESSOR ALLEN, etc.

MEANING AND DEFINITION OF THE WORD JURISPRUDENCE

Jurisprudence has been derived from two  Latin words firstly juris meaning law and other is prudentia meaning knowledge or skills. In layman’s terms, the word jurisprudence refers to the knowledge of the law but this meaning is vague and general. The meaning of jurisprudence is not only confined to the Knowledge of law but it has a wider meaning which can be understood by the definitions provided by the different jurists of their time which are as follows:-

• ·      According to ULPAIN- “the knowledge of things divine and humans, the science of right and wrong.”
• ·      According to PAULUS - “the knowledge of things divine and humans, the science of right and wrong.”
• ·      According to HOLLAND - “Formal science of positive law.”
• ·      According to AUSTIN- “the philosophy of positive law."
• ·      According to STONE- “the science of the first principle of the civil law."
• ·      According to KEETON - “the science of the first principle of the civil law."
• ·      According to SALMOND (commonly used definition of jurisprudence) –“ the science of the first principle of the civil law." According to him, Jurisprudence can be defined in two senses-

1.    in the 'Generic Sense' jurisprudence can be defined as the Science of Civil Law' and

2.    in the 'Specific sense' Jurisprudence can be defined as the science of the first principle of civil law.

NATURE AND SCOPE OF JURISPRUDENCE

Jurisprudence is the main source of all laws or it is the origin of laws. It is not just confined to the study of law but includes the study of science, history, philosophy, etc. Therefore the scope of jurisprudence is wide and unlimited, it states what is law, the definition of law, the classification of law, the source of law, and its purpose, etc.

IMPORTANCE OF JURISPRUDENCE

• 1.    It gives a clear understanding of the law and gives freedom to jurists to go beyond their imaginations.
• 2.    It helps the legislature in the development of law.
• 3.    It helps the judges and lawyers ascertain the meaning of the words and expressions in the statute.
• 4.    It plays an important role in building the minds of students in law schools.

Conclusion

In this article, we can clearly understand what jurisprudence is and how it was originated. It is an important part of the law not only for the lawmakers, judges, and students of law school but also for society at large.

References:

Ø B.N. MANI TRIPATHI- JURISPRUDENCE THE LEGAL THEORY

Ø Jurisprudence - Simple English Wikipedia, the free encyclopedia

Ø Jurisprudence legal definition of jurisprudence (thefreedictionary.com)

Ø jurisprudence (indiankanoon.org)