PRACTICAL UTILITY OF JURISPRUDENCE
A Project submitted in partial fulfilment of the course JURISPRUDENCE ,
6th SEMESTER during the Academic Year 2018-2019
SUBMITTED BY:
Sandhi Grewal
Roll No. - 1557
B.A LL.B
SUBMITTED TO:
Mr. Prof .Dr. Manoranjan Kumar
JURISPRUDENCE
MARCH, 2019
CHANAKYA NATIONAL LAW UNIVERSITY, NAYAYA NAGAR,
MEETHAPUR, PATNA-800001
TABLE OF CONTENTS
Acknowledgement………………………………………………………..03
CHAPTER 1 – Introduction…………………………...…………….04-07
Aims and Objectives…………………………………….………….…….08
Research Methodology….……………………………………………….08
CHPATER 2-Jurisprudence in relation to other social
sciences………………………………………………….………..……09-10
CHAPTER 3-Utility of jurisprudence…………………….. …….....11-12
CHAPTER 4-Scope of jurisprudce………………….……………….....13
CONCLUSION…………..……………………………………………….14
BIBLIOGRAPHY…………..…………………………………………….15
i
ACKNOWLEDGEMENT
“IF YOU WANT TO WALK FAST GO ALONE
IF YOU WANT TO WALK FAR GO TOGETHER”
A project is a joint endeavour which is to be accomplished with utmost compassion, diligence
and with support of all. Gratitude is a noble response of one’s soul to kindness or help
generously rendered by another and its acknowledgement is the duty and joyance. I am
overwhelmed in all humbleness and gratefulness to acknowledge from the bottom of my
heart to all those who have helped me to put these ideas, well above the level of simplicity
and into something concrete effectively and moreover on time.
This project would not have been completed without combined effort of my revered Prof.
Dr. Manoranjan kumar whose support and guidance was the driving force to successfully
complete this project. I express my heartfelt gratitude to him. Thanks are also due to my
parents, family, siblings, my dear friends and all those who helped me in this project in any
way. Last but not the least; I would like to express my sincere gratitude to our Alternative
Dispute Resolution teacher for providing us with such a golden opportunity to showcase our
talents. Also this project was instrumental in making me know more about Practical utility of
jurisprudence. This project played an important role in making me understand more about
significance of jurisprudence. It was truly an endeavour which enabled me to embark on a
journey which redefined my intelligentsia, induced my mind to discover the intricacies
involved in the competency of the people.
Moreover, thanks to all those who helped me in any way be it words, presence,
Encouragement or blessings...
- Sandhi Grewal
6th Semester
[Link]
ii
INTRODUCTION
The study of jurisprudence started with the Romans. The definitions gives by the Roman
jurists are vague and inadequate. Jurisprudence in its nature is entirely a difference subject
from other social sciences. The reason for this is that it is not codified but a growing and
subject. The jurisprudence has no limited scope being a growing subject. Jurisprudence is the
name given to a certain type of investigation into law
“Jurisprudence is as big as law - and bigger”
Actually it means elucidation of the general principles upon which actual rules of law are
based. It is a mansion having many rooms in it as it is as much interested in diversity as in
uniformity.
Jurisprudence is the name given to a certain type of investigation into law, an investigation of
an abstract, general and theoretical nature which seeks to lay bare the essential principles of
law and legal system. It is s subject which differs in kind from other subjects on the legal
spectrum. For the typical set of subjects like Law of Contracts or Torts consists of typical
rules and principles which is to be derived from authoritative sources and applied to factual
situations in order to solve practical problems. Jurisprudence on the other hand doesn’t
constitute a set of rules and is not derived from any particular authority. In jurisprudence one
is not concerned to derive rules from authorities and apply them to problems which arise. It is
rather concerned with the nature of legal rules, on the underlying meaning of legal concepts
and on the essential features of legal system. In jurisprudence questions are asked as to what
it is for a rule to be a legal rule and what distinguishes law from morality, etiquette and other
related phenomena. In this jurisprudence comprises of philosophy of law and is a second
order subject whose object is not to discern the rules but to reflect on the rules already known
just as the philosopher concerns himself with scientific laws already discovered rather than
with the discovery of new laws.1
Jurisprudence further concerns itself with the analysis of legal concepts. While the law of
contracts or torts concerns itself with the rights of the person, jurisprudence on the other hand
studies the meaning of the term rights in the abstract and seeks to distinguish the various
kinds of rights which are in theory possible under a legal system. Jurisprudence has many
aspects, with four types being the most common. The most prevalent form of jurisprudence is
that it seeks to analyze, explain, classify, and criticize entire bodies of law, ranging from
1
P J Fitzgerald, Salmond on Jurisprudence, 12 th edition universal law publishing Co Pvt Ltd,
contract to tort to constitutional law. Legal encyclopedias, law reviews, and law school
textbooks frequently contain this type of jurisprudential scholarship.2
The second type of jurisprudence compares and contrasts law with other fields of knowledge
such as literature, economics, religion, and the social sciences. The purpose of this
interdisciplinary study is to enlighten each field of knowledge by sharing insights that have
proved important to understanding essential features of the comparative disciplines.3
The third type of jurisprudence raises fundamental questions about the law itself. These
questions seek to reveal the historical, moral, and cultural underpinnings of a particular legal
concept. The Common Law (1881), written by Oliver Wendell Holmes, Jr., is a well-known
example of this type of jurisprudence. It traces the evolution of civil and criminal
responsibility from undeveloped societies where liability for injuries was based on subjective
notions of revenge, to modern societies where liability is based on objective notions of
reasonableness.4
One would imagine that the task of finding an uncontroversial starting point for a discussion
about the purpose and usefulness of jurisprudence would be facilitated if the investigation
were restricted to legal dogmatics and studies on substantive law. This is however not the
case, because the assumptions concerning fundamental presuppositions vary, descriptions of
law differ also, e.g. depending on whether the analysis is based on legal positivist or realist
theories. In a similar way the results will shift depending on whether the methods used
originate from Jurimetrics, Law and Sociology, Law and Logic, or if the studies are being
conducted by means of a “traditional legal dogmatic method”.5 It is also obvious that
different legal sub-disciplines, e.g. civil law, public law, tax law, etc., have developed various
methods of investigation, partly due to the fact that the material, the legal sources, for
historical reasons differs between the domains, but also as a natural consequence of the fact
that the problems in the different fields to various degrees are affected by political
considerations and international developments. An important observation is moreover that
rule systems reflect different stages of development, among other things as a consequence of
2
What is Jurisprudence, [Link] available at [Link]
us/item/1075-what-is-jurisprudence last seen on 4th March 2019.
3
Supra Note 2
4
Ibid
5
See e.g. Persson Österman, Roger, Kontinuitetsprincipen i den svenska inkomstbeskattningen,
Juristförlaget, Stockholm 1997, p. 18. “In order to describe the law I use what commonly is
referred to as the traditional legal dogmatic method. In order to gain knowledge about the
content of the legal rules I use in principle the same sources as the court, i.e. laws, case law
and legal doctrine”. (Original in Swedish.)
the fact that development in different areas occurs with varying speed. In this respect it is
apparent that the structure of a certain legal domain can be difficult to take stock of due to the
fact that a large number of detailed changes have been instituted at various times. Variations
in this sense in turn affect the way in which jurisprudential contributions are requested and
developed..
AIMS AND OBJECTIVES
The researcher wishes to examine the following in her research project:
Study the nature of jurisprudence.
Analyse the practical utility of jurisprudence.
The significance of study of jurisprudence.
RESEARCH QUESTIONS
The researcher wishes to examine the following research question in her research project:
What is Jurisprudence and the Scope of jurisprudence?
What is the significance of study of Jurisprudence?
HYPOTHESIS
The study of jurisprudence is an opportunity for the lawyers to bring theory and life into
focus, for it concerns human thought in relation to social existence.
RESEARCH METHODOLOGY
The researcher will be using only doctrinal mode of research. It will include collection of
both primary and secondary sources.
[Link] OF DATA COLLECTION
The researcher will be using both Primary and Secondary sources of data for conducting the
research work.
[Link] OF DATA COLLECTION
The researcher will make use of only doctrinal mode of researcher .The doctrinal mode will
include library based research.
MODE OF CITATION
The researcher will be using a uniform mode of citation throughout this paper.
JURISPRUDENCE IN RELATION TO OHER SOCIAL SCIENCES
Jurisprudence is closely inter-related with other social sciences since all of them are
concerned with human behaviour in society.
[Link] “observed modern jurisprudence trenches on the field of social science and of
philosophy; it digs into the historical past and attempts to create symmetry of a garden out of
the luxuriant chaos of conflicting legal system.”
Dean Roscoe Pound who propounded the theory of law as a ‘social engineering’ pointed out
that jurisprudence is closely inter-linked with ethics, economics, politics, and sociology
which though distinct enough as the core, are shade into each other. All other social sciences
must co-ordinate with jurisprudence to make it a functional branch of knowledge.6
Sociology and Jurisprudence
This branch is based on social theories. It is essentially concerned with the influence of law
on the society at large particularly when we talk about social welfare. [Link] gave 3
obvious reasons as a relation between law and sociology:
It enables a better understanding of the evolution and development of law;
It provides great substream for an identity of law commensurate with human needs
and social interests;
and provides objectivity to legal interpretation which is need of the hour.
Jurisprudence and Psychology
No human science can be described properly without a thorough knowledge of Human Mind.
Hence, Psychology has a close connection with Jurisprudence. Relationship of Psychology
and Law is established in the branch of Criminological Jurisprudence. Both psychology
and jurisprudence are interested in solving questions such as motive behind a crime, criminal
personality, reasons for crime etc.
6
Hellner supra note 1, p. 35.
Jurisprudence and Ethics
Ethics has been defined as the science of Human Conduct. It strives for ideal Human
Behavior. This is how Ethics and Jurisprudence are interconnected:
a. Ideal Moral Code– This could be found in relation to Natural Law.
b. Positive Moral Code– This could be found in relation to Law as the Command of the
Sovereign.
c. Ethics is concerned with good human conduct in the light of public opinion.
d. Jurisprudence is related with Positive Morality in so far as the law is the instrument to
assert positive ethics.
e. Jurisprudence believes that Legislations must be based on ethical principles. It is not
to be divorced from Human principles.
f. Ethics believes that No law is good unless it is based on sound principles of human value.
A Jurist should be adept in this science because unless he studies ethics, he won’t be able to
criticize the law. However, Austin disagreed with this relationship.
Jurisprudence and Economics
Economics studies man’s efforts in satisfying his wants and producing and distributing
wealth. Both Jurisprudence and Economics are sciences and both aim to regulate the lives of
the people. Both of them try to develop the society and improve the life of an individual. Karl
Marx was a pioneer in this regard.
Jurisprudence and History
History studies past events. Development of Law for the administration of justice becomes
sound if we know the history and background of legislation and the way law has evolved.
The branch is known as Historical Jurisprudence.
Jurisprudence and Politics
In a politically organized society, there are regulations and laws which lay down
authoritatively what a man may and may not do. Thus, there is a deep connection between
politics and Jurisprudence.7
7
”The laws should not be looked upon with obedient respect. The laws are instruments for
reaching political goals… We have no alternatives to fast and short-lived laws.” Protokoll
UTILITY OF JURISPRUDENCE
Jurisprudence in basically a theoretical subject but it also has a
practical and educational value. The enumerated as under.
(a) Remove the complexities of law:
One of the task of jurisprudence is to construct concepts and make law more manageable and
rational.
(b) Answers the new problems:
Jurisprudence can teach people to look around them and realize that answers to new legal
problems must be found by a consideration of the present social needs and not in the wisdom
of the past.
(c) Grammar of Law:
Jurisprudence is the grammar of law. It throws light on the basic ideas and the fundamental
principles of law e.g., negligence, liability etc.
(d) Great educational value:
Jurisprudence has great educational value. The logical analysis of legal concepts widens the
outlook of lawyers and sharpens their logical technique. It helps in knowing and grasping the
language, grammar, the basis of treatment and assumption upon which subject rests.
(e) Useful in Art of pleading and legislation:
It helps legislators and the lawyer the proper use of legal terminology. It relieves them of the
botheration creation of defining again and again certain expressions e.g., right, duty etc.
(f) To Interpret law:
It helps the judges and the lawyers in ascertaining the true meanings of the law passed by the
legislatures by providing the rules of interpretation.
(g) To study foreign law.
fört vid Svenska Pappersindustriarbetareförbundets 14:e ordinarie kongress, Tal av statsrådet
Carl Lidbom, Stockholm 1974 p. 190-191. (Original in Swedish.)
It enable a lawyer to study foreign law because the fundamental principal are generally
common to all systems of law.
(h) Importance under the light of different jurists:
By Dr. M.J Sethna: The value of jurisprudence lies in examining the consequences of law
and its administration on social welfare and suggesting changes for the betterment of the
superstructure of laws.
By M. Dias:The study of jurisprudence is an opportunity for the lawyer to bring theory and
life into focus, for it concerns human thought in relation to social existence.8
8
Harris supra note 1, p. 5 who under the heading “what is jurisprudence about” suggests that it
“would be impossible [to break up the subject according to a systematic plan] without
prejudging crucial questions…”
SCOPE OF JURISPRUDENCE
Jurisprudence being the philosophy of law and being the subject with no strict laid like rules
and procedure like contract or torts, has the probable scope of covering a huge number of
things within its ambit. There has been no unanimity of opinion regarding the scope of
jurisprudence. Various jurist and authorities attribute different meaning and varying premises
of law as the scope of jurisprudence, causing difference in opinion as what is the exact scope
of jurisprudence.
Jurisprudence has been so defined as to cover moral and religious precepts also and that has
created confusion. It goes to the credit to Austin that he distinguished law from morality and
theology and restricted the term to the body of the rules set and enforced by the sovereign or
supreme law making authority within the realm. Thus the scope of jurisprudence was limited
to the study of the concepts of positive law and ethics and theology fall outside the province
of jurisprudence.9Austin tried to segregate morals and theology from the study of
jurisprudence. However, the study of jurisprudence cannot be circumscribed because it
includes all human conduct in the State and the Society.10
The present view is that scope of jurisprudence cannot be circumcised or regimented. It
includes all concepts of human order and human conduct in state and society. Anything that
concerns order in the state and society falls under the domain jurisprudence. Justice
[Link] observed, “Jurisprudence is both an intellectual and idealistic abstraction as well as
the behavioural study of man in society. It includes political, social, economic and cultural ideas. It
covers the study of man in relation to society.”11Thurman W. Arnold defines jurisprudence "as
the shining but unfulfilled dream of a world governed by reason. For some, it lies buried in a
system, the details of which they do not know. For some, familiar with the details of the
system, it lies in the depth of an unreal literature .for others, familiar with its literature , it lies
12
in the hope of a future enlightenment. For all, it is just around the corner ". As Karl
Llewellyn jurisprudence is as big as law and even bigger than law.
9
Scope of Jurisprudence, [Link], available at [Link]
jurisprudence_93.html last seen on 6th March 2019
10
Nature and Scope of Jurisprudence, [Link] available at
[Link] last seen on 6th March
2019
11
Meaning, Nature and Scope of Jurisprudence, [Link] available at
[Link] last seen on 6th March 2019
12
Ibid
CONCLUSION
To conclude, I can say, that jurisprudence is the science of law and there are different
methods of approach to it. The true purpose of the study of jurisprudence should not be
confined to the study of positive law alone but must include normative study, that deal with
the improvement of law in the context of prevailing, socio-economic and political
philosophies of time, place and circumstances.
This subject has its own intrinsic interest and value because this is a subject of serious
scholarship and research; researchers in Jurisprudence contribute to the development of
society by having repercussions in the whole legal, political and social school of thoughts.
One of the tasks of this subject is to construct and elucidate concepts serving to render the
complexities of law more manageable and more rational. It is the belief of this subject that
the theory can help to improve practice.
Jurisprudence also has an educational value. It helps in the logical analysis of the legal
concepts and it sharpens the logical techniques of the lawyer. The study of jurisprudence
helps to combat the lawyer’s occupational view of formalism which leads to excessive
concentration on legal rules for their own sake and disregard of the social function of the law.
The study of jurisprudence helps to put the law in its proper context by considering the needs
of the society and by taking note of the advances in related and relevant disciplines.
Jurisprudence can teach the people to look if not forward, at least sideways and around them
and realize that answers to a new legal problem must be found by a consideration of present
social needs and not in the wisdom of the past.
Jurisprudence is the eye of law and the grammar of law because it throws light on basic ideas
and fundamental principles of law. Therefore, by understanding the nature of law, its
concepts and distinctions, a lawyer can find out the actual rule of law. It also helps in
knowing the language, grammar, the basis of treatment and assumptions upon which the
subject rests. Therefore, some logical training is necessary for a lawyer which he can find
from the study of Jurisprudence.
It trains the critical faculties of the mind of the students so that they can dictate fallacies and
use accurate legal terminology and expression.
It helps a lawyer in his practical work. A lawyer always has to tackle new problems every
day. This he can handle through his knowledge of Jurisprudence which trains his mind to find
alternative legal channels of thought.
Jurisprudence helps the judges and lawyers in ascertaining the true meaning of the laws
passed by the legislators by providing the rules of interpretation. Therefore, the study of
jurisprudence should not be confined to the study of positive laws but also must include
normative study i.e. that study should deal with the improvement of law in the context of
prevailing socio-economic and political philosophies of time, place and circumstances.
Professor Dias said that “the study of jurisprudence is an opportunity for the lawyer to bring
theory and life into focus, for it concerns human thought in relation to social existence.”13
13
[Link]
BIBLIOGRAPHY
BOOKS:
V.D. Mahajan, Jurisprudence & Legal Theory, 5th Edition
Salmond on Jurisprudence, 12th Edition
ARTICLES:
Beverly D. Evans, Evolution of Jurisprudence, The Georgia Historical
QuarterlyVol. 5, No. 4 (DECEMBER, 1921), pp. 3-10 (8 pages)
Samuel Mermin, The Study of Jurisprudence: A Letter to a Hostile Student, Michigan
Law Review
Vol. 49, No. 1 (Nov., 1950), pp. 39-72 (34 pages)
WEBSITE:
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