Introduction and definition of Jurisprudence
Introduction to Jurisprudence
Meaning of Jurisprudence
The term "jurisprudence" comes from the Latin word "jurisprudentia" ,which translates to "knowledge of law" in its broadest sense. Specifically, "juris" means law and "prudentia" means skill or knowledge
*Jurisprudence is the study and theory of law, particularly the philosophy of law. It involves examining the fundamental principles and concepts of law, the role and function of law in society and the methods and techniques used to interpret and apply the law.
Definition of Jurisprudence
1- Ulpian a Roman jurist defines jurisprudence as " Jurisprudence is the knowledge of things divine and human, the science of just and unjust."
2- Cicero defines Jurisprudence as "Jurisprudence is the philosophical aspect of the knowledge of law".
3- Austin defines Jurisprudence as the "philosophy of positive law". By positive law or jus positivism, he means the law laid down by a political superior for controlling the conduct of those subject to his authority
4- Holland has defined jurisprudence as the "formal science of positive law".
5- Salmond defines jurisprudence as "the science of the first principles of the civil law."
6- Kant defines jurisprudence as "the science of right."
7-Roscoe Pond defines jurisprudence as "the science of law".
8- Gray defines jurisprudence as "the science of law, the statement and systematic arrangement of the rules followed by the courts and the principles involved in these rules."
Definition of law
Austin- He said that law is the aggregate of rules set by men as political superior to men as politically subjects. Law is the command sovereign. He further said there exist four elements-
1-Authority
2- Duty
3-Command
4-Sanction
Austin's theory of law
1- It is a type of command
2- It is laid down by political superior
3- It is followed by the respective subjects
4- It is enforced through sanction
Austin clasified types of law
1- Divine law- Given by God to men
2- Human law - Given by men to men.
(a) Positive low- ie statutory laws
(b) Not positive law - Custom, Traditions
Criticism of Austin's theory of law
1- Law is before state
2- Generality of laws- Laws are particular in nature.
3- law is not always used as a command
4- Sanction - the word used is inappropriate
5-Not applicable to international law
6- Not applicable to constitutional laws
7- Not applicable to hindu or muslim laws
Salmond's definition of law
Acc to him, "Law may be defined as the body of principle recognized and applied by the state in the administration of justice.
-Salmond believed that law may arise out of a popular practise, when it is recognised and applied by Court in the administration of justice further said that laws are laws because courts enforce them.
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