JURISPRUDENCE

Definition and Meaning of Jurisprudence:

Jurisprudence is the study of the Theory and Philosophy of Law. This article focuses on information
concerning the subject. There are several ideas with regards to the meaning of jurisprudence and its
nature.

The term ‘jurisprudence’ has been derived from the Latin term ‘jurisprudentia’ which literally translates to
‘knowledge of law’ or ‘skill in law’. The Roman civilization, which is popularly known as the bedrock of all
human civilizations in the world, started to question the meaning and nature of law. Ulpian defined law as
the “knowledge of things divine and human”. According to him, the law is the science of right and wrong.
Several jurists in Europe began to deliberate upon the meaning of the law.

Jeremy Bentham, the Father of Jurisprudence, stated that the “science of jurisprudence” has nothing to do
with ideas of good and bad. His disciple, Austin, defined jurisprudence in the following words, “Science of
Jurisprudence is concerned with Positive Laws that is laws strictly so called.
Evolution:

Jurisprudence originated in the Roman civilization with the Romans questioning the meaning
and nature of law. It was quite limited since the concepts of law, morals and justice were
confused with each other. References are also made to the works of ancient Greek philosophers
such as Homer, Socrates, Plato, and Aristotle. With the fall of the Roman Empire, the ideas of
Roman and Greek jurisprudence disappeared, and the Christian State emerged. Soon, the
authority of the church over the state was challenged by the reformist and ideas of secularism
emerged. Many theories were proposed with regards to the evolution and nature of ‘state’ by
philosophers th like Hugo Grotius, John Locke, Rousseau, and Blackstone. The Age of Reason in
the 17 Century led to the formation of ideas of collectivism and social welfare. Slowly, the idea of
positive law and positivistic approach gained popularity whereby the boundaries of the law were
demarcated, and its scope was limited.
Nature of Jurisprudence:

Law regulates significant aspects of human life. In simple terms, law is a set of
regulations which are formulated by the state and are binding upon its subjects.
Jurisprudence is the science of law. It has been described as the “grammar of law”.
To effectively interpret the law, it is essential to understand its origin, nature and
meaning. Not only interpretation, but even the legislative process requires
legislators to keep several factors in mind to ensure that the law that is made is
effectively enforced and followed by all. Jurisprudence studies the law to facilitate
better legislation as well as interpretation. In doing so, it uses the wisdom
provided by other social sciences.
According to Paton, modern jurisprudence is mostly based on social sciences and
philosophy since it examines the historical aspects of law to address the chaos
created by conflicting legal systems. Describing jurisprudence as a “lawyer’s
extraversion”, Julius Stone is of the opinion that the objective of jurisprudence is
to view and examine law from the eyes of disciplines other than law. Roscoe Pound
states that the subjects of jurisprudence, ethics, economics, politics, and sociology
might be quite distinct at the core, however, at a certain point they overlap with
each other. He further adds on that it is impossible to understand their respective
cores without studying this overlapping with other social sciences. According to
him, all social sciences must especially cowork with jurisprudence. Let us evaluate
the interrelation of jurisprudence with other social sciences.
Austin : Austin was the first jurist to make jurisprudence as a science. He defines 'jurisprudence'
as "the philosophy of positive law." He opines that the appropriate subject to jurisprudence is a
positive law i.e. law as it is (existing law). In other words, jurisprudence is not a moral philosophy
but it is a scientific and systematic study of the existing, actual and positive law has distinguished
from natural, ideal or moral law. Austin divides jurisprudence into two classes. Viz 'general
Jurisprudence and Particular Jurisprudence. According to him 'General Jurisprudence is the
philosophy of positive law. On the other hand 'particular jurisprudence is the science of any such
system of positive law as now actually obtains or once actually obtained in a specifically
determined nation or specifically determined nations.

Criticism: Austin's definition criticised by Salmond and Holland and other Jurists on the ground
that it is not proper and appropriate to classify as the general Jurisprudence and Particular
Jurisprudence.
Holland: An English Jurist Sir Thomas Erskine Holland defines, Jurisprudence as,
" Jurisprudence is the formal science of positive law'" According to him
jurisprudence should only concern itself with the basic principles of concepts
underlying in any natural system of law.

Criticism: Many eminent jurists have criticised the definition of Holland that
jurisprudence is the formal science of positive law. It is not free from defects. The
question arises what is a formal science? Holland himself explains that by the term
'formal' he means that jurisprudence concerns itself with human relations which
are governed by the rules of law rather than the material rules themselves, for the
latter are the subject of legal exposition, criticism or compilation rather than
jurisprudence.
Salmond: Salmond defines Jurisprudence as, " Jurisprudence is the science of the first principle
of the civil law." According to Salmond Jurisprudence can be defined in two senses

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

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

The Civil law consists of rules applied by Courts in the administration of Justice. Salmond agrees
with both Austin and Holland only to the extent that jurisprudence is 'a science, a systematic
study of basic principles of legal systems.

Criticism : Salmond's Definition has been criticised on the ground that he has narrowed down the
field of jurisprudence by saying that it is a science of civil law and hence covers only particular
legal system.
Keeton: Keeton Defines jurisprudence as " the study and systematic arrangement of the
general principles of law.

Roscoe Pound: Dean Roscoe Pound defines jurisprudence as " the science of law, using
the term law in the juridical sense, as denoting the body of principles recognised or
enforced by public and regular tribunals in the administration of justice".

Dr K. C. Allen: Jurisprudence is the scientific synthesis of all the essential principles of

G.W. Paton: Jurisprudence is a particular method of study, not the law of one country,
but of the general notion of law itself.
Julius Stone: "Jurisprudence is the lawyer's extraversion. It is the lawyer's
examination of the precepts, ideals and techniques of the law in the light derived
from present knowledge in disciplines other than the law.

Gray : According to John Chipman Gray " jurisprudence is the science of law, the
statement and systematic arrangement of the rules followed by the Court and the
principles involved in those rules."

Criticism: Stone has Criticised Gray's Definition and said that Gray has failed to
determine any province of jurisprudence rather he has reduced jurisprudence to
merely a matter of arrangement of rules
Ulpian: Ulpian a Roman Jurist defines jurisprudence as " Jurisprudence is the
knowledge of things divine and human, the science of just and unjust."

Dr M.J. Sethna: Jurisprudence is a study of fundamental legal principles including

H.L.A Hart: A legal system consists of primary and secondary rules. These rules
explain the nature of law and provides key to the science of jurisprudence. He
viewed Jurisprudence as a science of law in a border perspective by co-relating law
and morality.