Meaning of Jurisprudence:
The study of jurisprudence started with the Romans. The word ‘jurisprudence’ comes from the Latin equivalent word ‘jurisprudentia’. The Latin word ‘jurisprudentia’ is the combined form of two separate words ‘juris’ and ‘prudentia’. ‘juris’ means ‘Law’ and ‘prudentia’ means ‘Knowledge’. So ‘jurisprudentia’ means ‘Knowledge of Law’. In this way we can say that, jurisprudence means ‘Knowledge of Law’ or ‘Skill of Law’.
In England, the word jurisprudence is in use as meaning little more than the study of or skill in law. Its internal intention is to make the law in a scientific frame. In French, it refers to something like ‘case law’.
The literature meaning of jurisprudence is ‘Knowledge of Law’ or ‘Skill of Law’. But the internal meaning express that jurisprudence means ‘Science of Law’. Because jurisprudence tries to make the law become a common frame.
Definition of Jurisprudence:
It is difficult to give a universal and uniform definition of jurisprudence. Every jurist has his own notion of the subject matter and the proper limits of jurisprudence depend upon his ideology and the nature of society. Moreover, the growth and development of law in different countries has been under different social and political conditions.
- Jurisprudence is concerned with the following two things-
- the genesis, growth, functions and end of law, and
- a systematic arrangement of the rules and general principles of law, recognized and enforced by the judiciary in the administration of justice. [Ibid, P-2]
- According to Roman Jurist Ulpain, “Jurisprudence is the knowledge of things, human and divine, the science of the just and the unjust.”
- According to Irish Jurist Allen, “Jurisprudence is the scientific synthesis of all essential principles of law.”
- According to English Jurist John Austin (father of jurisprudence), “Jurisprudence is the philosophy of positive law.”
- According to English Jurist Prof. Holland, “Jurisprudence is the formal science of positive law.”
- According to Irish Jurist Prof. Salmond, “Jurisprudence is the science of first principles of civil law.”
- According to American Jurist Dean Rosco Pound, “Jurisprudence is a science of social engineering.”
- According to Dr. Julius Stone, “Jurisprudence is the lawyer’s extraversion.”
- According to Keeton, “Jurisprudence is the study and systematic arrangement of the general principles of law.”
- According to Judicial Dictionary by K. J. Aiyar, “Jurisprudence is the science of law,- a systematized body of knowledge of the first principles of law. It is really the science of those legal relations of mankind which produce result of which the law takes cognizance. It does not concern itself with moral and ethical concepts. It includes the body of legal doctrine. Its purpose is to analyses and enunciates the first principles of law.”
Importance of the study of jurisprudence:
Famous jurist Patton said, “Jurisprudence is a particular method of study, not of the law of one country, but of the general notion of law itself, it is a study relating to law”. The study of jurisprudence is very important for every law concern because without studying it education of law not become completed. Generally jurisprudence gives the following knowledge of laws. –
- Jurisprudence is the grammar of laws. So jurisprudence gives the grammatical knowledge of law. Prof. Holland said, “Jurisprudence is to law as grammar is to language.”
- It gives the knowledge of various schools of jurisprudence.
- It gives the knowledge of definition of law, sources of law, classification of law and application of law. Prof. Salmond said, “A through knowledge of jurisprudence is necessary to create a better understanding of law.”
- It gives the knowledge of legal meaning of words relating to law.
- It gives the knowledge of classification of laws
- It gives the knowledge of method of developing laws.
- It gives the knowledge of the structure of law.
- It gives the knowledge of general principles of law.
- It gives the knowledge of comparative study among various branches of law.
- It gives the knowledge of legal theories.
- It gives the knowledge of finding out the relation between law and other subject of social science.
- It gives the knowledge of administration of justice.
- It gives the knowledge of precedent and its application.
- It gives the knowledge of legislation and its classification.
- It gives the knowledge of Person and its classification.
- It gives the knowledge of rights, titles, duties, liabilities, obligations, property, ownership, possession, custom etc.
