3. Prudentia
1 - 3
Literal Meaning:
Juris
Jurisprudence
Derived from
Two Latin Words
• Law
• Wisdom,
• Knowledge
• Philosophy
, OR
• Science
What is Jurisprudence?
An Introduction
4. Jurisprudence
1 - 4
Literal Meaning:
means
What is Jurisprudence?
An Introduction
Hence
Wisdom of
Law
Knowledge
of Law
Philosophy
of Law
O R
O R
O R
Science of Law
6. 1 - 6
Science Knowledge gained through a
systematic study, is called science
Systematic Study means, a Study
consisted of;
Deduction
Experiment
Hypothesis
Observation
What is Jurisprudence
An Introduction
7. 1 - 7
Philosophy
Derived from two Latin words
P
H
I
L
O
S
O
P
H
Y
Philo
Means „love‟
Sophy
Means
Wisdom or
knowledge
Knowledge
gained through
the application of
mind
Examining the
basic concepts
such as „truth‟,
„existence‟ „soul‟,
„hereinafter life‟
etc.
What is Jurisprudence?
An Introduction
8. 1 - 8
Law
A set of rules and regulations that
regulates human behaviour in societies
It determines human conduct and
regulates it.
The subject-matter of Jurisprudence is
Law
There are different types of Law and
the jurists are debating as to which
type is the true subject-matter of
Jurisprudence
What is Jurisprudence?
An Introduction
9. 1 - 9
What is Jurisprudence?
An Introduction
This Typology of Law is
based on the fact that
from where Law comes
or what is the ultimate
source of its recognition
(nature).
Hence, it is a broad
typology of law
TYPOLOGY OF
LAW
10. 1 - 10
Natural Law
. Norms
. Reason based
God-made Law
Types of
Law
Man-made Law
Physical Law
. Chemistry
. Physics etc
Divine Law
. Religious Law
. Scriptures
Positive Law
Moral/Ethical Law
Abstract Law
. Fundamental Principles
. General Notions
Law as it
OUGHT to be
Philosophical
Law
Law as it is
Analytical Law
Law of Nature
Concrete Law
. Real Law/ Applicable Law
. Statutes, Acts, Decisions
What is Jurisprudence?
An Introduction
11. 11
Definition of Jurisprudence
There is no uniform definition of Jurisprudence
Reason:
The subject-matter of Jurisprudence
is Law
But there is no uniform definition of
law.
What is Jurisprudence?
An Introduction
12. 1 - 12
Definition By Eminent Jurists:
Ulpian:
Classical Concept
“The observation of things human and divine, the
knowledge of just and unjust.”
A celebrated Roman Jurist
Criticism: Being meta-physical in nature its value cannot be
evaluated.
The first formal definition of jurisprudence.
In the contemporaneous socio-political setups he had given
the best definition.
What is Jurisprudence?
An Introduction
(170 AD - 228 AD)
13. 1 - 13
John Austin:
“Jurisprudence is the Philosophy of
Positive Law.”
Criticism: The terms „Philosophy‟ and „Positive Law‟ are
misleading
He lived in circumstances when Europe was witnessing
changes especially in Politics.
He separated the meta-physical controversy from legal
enterprise
Definition By Eminent Jurists:
Classical Concept
What is Jurisprudence?
An Introduction
(1790 AD - 1859 AD)
14. 1 - 14
Thomas Erskine Holland:
“Jurisprudence is the formal science of
Positive Law.”
The criticism on the term „Philosophy‟ of Austin definition led
Holland to present this definition
It substituted „Philosophy‟ in Austin definition by „Formal
Science‟.
Definition By Eminent Jurists:
Classical Concept
What is Jurisprudence?
An Introduction
„Formal‟ means fundamental legal principles
(1835 AD - 1926 AD)
15. 1 - 15
Salmond:
“The science of the first principles
of civil law.”
Science: A systematic intellectual inquiry
Civil law: The whole corpus of law applicable in a State
By term „Law‟ Salmond means „Positive Law‟
„First Principles‟: Fundamental principles
Definition By Eminent Jurists:
Classical Concept
What is Jurisprudence?
An Introduction
Law: As Administered by Courts
(1862 AD - 1924 AD)
16. 1 - 16
Keeton:
“Jurisprudence is the study of the systematic
arrangement of the general principles of law.”
Definition By Eminent Jurists:
Classical Concept
What is Jurisprudence?
An Introduction
17. 1 - 17
Gray:
“The science of law, the statement and systematic
arrangement of the rules followed by the Courts and the
principles involved in those rules.”
Definition By Eminent Jurists:
Classical Concept
What is Jurisprudence?
An Introduction
18. 1 - 18
Dean Roscoe pound
“The science of social engineering”
Definition By Eminent Jurists:
Modern Conception
What is Jurisprudence?
An Introduction
An idea of giving the most complete security and effect to the
whole scheme of human demands and desire which are
pressing for recognition, with the least sacrifice, least friction
and least waste.
19. 1 - 19
Classification of Jurisprudence
What is Jurisprudence?
An Introduction
Jurisprudence was classified by:
Jeremy
Bentham
John
Austin
Salmond
20. 1 - 20
What is Jurisprudence?
An Introduction
Classification of Jurisprudence
Bentham
Censorial
Jurisprudence
Expositorial
Jurisprudence
Austin
General
Jurisprudence
Particular
Jurisprudence
Salmond
Analytical
Jurisprudence
Historical
Jurisprudence
Ethical
JurisprudencePhilosophical
21. 1 - 21
What is Jurisprudence?
An Introduction
Classification of Jurisprudence
Censorial
Jurisprudence
Expositorial
Jurisprudence
Study of Law „as
it ought to be‟
Study of Law „as
it is‟
Bentham’s
Classification
22. 1 - 22
What is Jurisprudence?
An Introduction
Classification of Jurisprudence
General
Jurisprudence
Particular
Jurisprudence
Study of Ethical
Law
(Law „as it ought to be)
The study of
Positive Law
(Law „as it is)
Austin’s
Classification
23. 1 - 23
What is Jurisprudence?
An Introduction
Classification of Jurisprudence
Analytical
Jurisprudence
Study of
Positive Law
(Law „as it is)
The study of
Ethical Law
(Law „as it ought to be)
Salmond
Classification
Historical
Jurisprudence
Philosophical
Jurisprudence
The study of
Historical
Development of Law
24. 1 - 24
Scope of Jurisprudence
According to the most celebrated
view:
What is Jurisprudence?
An Introduction
Jurisprudence studies Law
Study is analytical/scientific
Law is man-made/positive
It is not discussing the content but
the essence of law
But recently again the jurists like Roscoe Pound and Julius
Stone seem to enhance the scope of Jurisprudence
25. 1 - 25
Significance or Utility of Jurisprudence
What is Jurisprudence?
An Introduction
Being an abstract and theoretical
science, jurisprudence has a little practical value
Practical value: Master of a Legal System
The eye of Law
The key to legal understanding
Sharpens argumentative capacity
Educational value
26. 1 - 26
What is Jurisprudence?
An Introduction
Psychology
Economics
Politics
Social
Science
History
EthicsSociology
Jurisprudence
Relation of Jurisprudence with other
Social Science
27. 1 - 27
What is Jurisprudence?
An Introduction
Relation of Jurisprudence
with other Social Science
Jurisprudence
– Studies Law
– Law is the set of
rules regulating
the conduct of
human beings
living in a society
Politics
– Study of the
Government
– Government means
the institution to
administer the
affairs of the society
Both are
contemplating
on the society
Relation
28. 1 - 28
What is Jurisprudence?
An Introduction
Relation of Jurisprudence
with other Social Science
Jurisprudence
– Law is regulating
the external
conduct of human
beings
Psychology
– Study of internal
conduct of human
beings
– In other words it
analyses the mental
state of a person at
a given movement
Relation
Both are
contemplating
the mental
state of human
beings– But external conduct
is depending on
internal conduct (e.g.
intention, malice etc.)
29. 1 - 29
What is Jurisprudence?
An Introduction
Relation of Jurisprudence
with other Social Science
Jurisprudence
– Studies Law
– Deals with framed
rules
Economics
– Study of wealth
– Concentration of
wealth in a society
brings prosperity for
its members
Relation
Both are
contemplating
on the social
and economic
well-being of
people
– All legal concepts
are social oriented
– Not possible
without having
sound legal system
30. 1 - 30
What is Jurisprudence?
An Introduction
Relation of Jurisprudence
with other Social Science
Jurisprudence
– Studies Law
– Legal Concepts
has arisen in a
particular period
and then
developed through
ages
History
– Study of the past
events
– Provides historical
background behind
legal concepts
Relation
Both
contemplates
history from
different
perspectives
Historical
Jurisprudence
31. 1 - 31
What is Jurisprudence?
An Introduction
Relation of Jurisprudence
with other Social Science
Jurisprudence
– Studies Law
– All legal concepts
are social oriented
Sociology
– Study of society
– Looks into the
social significance
of law in society
Relation
Both
contemplates
on social
structure from
different angles
Sociological
Jurisprudence
32. 1 - 32
What is Jurisprudence?
An Introduction
Relation of Jurisprudence
with other Social Science
Jurisprudence
– Studies Law
– Law aims at
upgrading the
social conditions
Social Work
– The study as to
welfare of the
society
– Through counseling
services, health
clinics, recreation
halls etc.
Relation
Both
contemplates
on up gradation
of social
conditions of
the community
33. 1 - 33
What is Jurisprudence?
An Introduction
Relation of Jurisprudence
with other Social Science
Jurisprudence
– Studies Law
– Law aims at the
positive behaviour
of human beings
Ethics
– Science of human
conduct
– What should be
human behaviour
and an ideal human
behaviour
Relation
Both
contemplates
on human
conduct from
different angles
Ethical
Jurisprudence– „Is‟ conduct
– „Ought‟ conduct
Notes: Life:Birth: 170 A.D. ; Death: 228 A.D.Nationality: Roman JuristComplete Name: GnaeusDomitiusAnniusUlpianus, anglicized as Ulpian Biography:His date of birth and death are not confirmed.Period of Literary works: Between 211 A.D. 222 A.D.He became a member of the Council of Septimius Severus.Elagabalus banished him But when Alexander succeeded to the thrown (222 A.D.) he was reinstated in his postSubsequently he became the Chief Advisor of the EmperorHe curtailed the privileges granted to Praetorian Guard, which provoked them against him and they became his enemiesHe was murdered in the palace during a riot between the soldiers and mob.Works:Ad Sabinum: A commentary on Jus Civile (in over 50 books)Ad Edictum: A commentary on Edict (Statute, act etc) (in 83 books)Opinions, responses and other issuesHis Quotes: Princepslegibussolutusest: "The sovereing is not bound by the laws.“Quod principiplacuitlegishabetvigorem: "What pleases the prince has the force of law.“Iustitiaestconstans et perpetuavoluntasiussuumcuiquetribuendi:"Justice is the constant and perpetual will to render to every man his due."Honestevivere, alterum non laedere, suumcuiquetribuere: "To live honorably, to harm no one, to give to each his own.""The strong will resist and the weak will say anything to end the pain." [In reference to torture]
Notes:John Austin:Birth: 3 March 1790; Death: 1 December, 1859British JuristInfluenced by Jeremy Bentham; Influenced: Joseph Raz, H.L.A. HartMarried Sara Taylor – who became an authorBrief Biography: Served the British Army in Sicily and Malta but left the army and start studying law. He joined Bar in 1818 but soon after became professor in jurisprudence (1826-1832) in University of London (now University College of London). Then he served on several Royal Commissions. 6. Important Works:“Province of Jurisprudence Determined”“Lectures on Jurisprudence”Analysis:Influenced by Jeremy Bentham’s Utilitarian Theory and Positivist Theory.Hence was naturally a positivistHe practically witnessed the harmful effects of WarAs he was an armed commissioned officer, hence his theory of Command. According to him “law is the command of uncommanded commander – the sovereign – backed by a threat – the sanction.”
Notes: Life: Birth: July 17, 1835 (Brighton); Death: May 24, 1926 (Oxford)Nationality: British JuristBiography: Schooling: Brighton CollegeHigher Studies in Law: OxfordJoined Bar in 18631874 – succeeded William Blackstone as Vinerian ReaderHe also became fellow of the British AcademyWorks:Elements of Jurisprudence
