Meaning, Definition, Nature and Importance of Jurisprudence
Meaning of Jurisprudence
The English word Jurisprudence has been taken from a Latin word Jurisprudentia. Juris means law and prudentia means knowledge. So the term Jurisprudence literally means knowledge of law.
Different jurists have given different definition of Jurisprudence according to the prevailing socio-political and economic conditions of their respective countries. Some of the prominent definitions are discussed below:
1. Holland: According to the prominent jurist Holland, "Jurisprudence is the formal science of positive law". This definition of Holland covers two important aspects of law, according to him it is formal science and it is positive.
According to Holland jurisprudence is formal because it concerns itself with basic ideas and principles of the system of law rather than with laws themselves. A systematic study and formulated knowledge is called science. Jurisprudence deals with systematic study of the ideas, principles and concepts underlying various systems of law in the form of a systematic branch of learning. So it is a formal science.
According to Holland, positive law is a general rule of external human action enforced by a sovereign political aut5hority. In this respect Holland agree with Austin who says "The subject matter of Jurisprudence is positive law".
2. Salmond: Salmond has defined jurisprudence in two different senses - wider or generic sense and narrow or specific sense.
(i) Jurisprudence in wider sense: "Jurisprudence in wider sense means the science of civil law". Salmond says that in a generic and primary sense jurisprudence includes the entire body of legal doctrines.
(ii) Jurisprudence in narrow sense: In this sense, according to Salmond, it includes a specific study of such doctrine. It is more practical and specific study of the department of law.
3. Austin: According to Austin "Jurisprudence is the Philosophy of Positive Law". By the term 'Positive Law" he means "jus positivum", law laid down by a political superior for commanding obedience from the subjects.
4. According to Dr. Allen, "Jurisprudence is the scientific synthesis of the essential principles of law".
5. According to Paton, "Jurisprudence is a particular method of the study not of the law of one particular country but of the general notions of the law itself".
Nature of Jurisprudence
Jurisprudence is a growing and dynamic subject having no limitation on itself. Every jurist does his not limit his study on the rules made but tries to understand their utility after due deliberation. Most of the jurists opine that the nature of Jurisprudence is that of a science. The reason for this is that as in science we draw conclusions after making systematic study by inventing new methods, Jurisprudence draws conclusions after systematic and scientific study of principles of law.
Importance of Jurisprudence [2018 - 4 marks]
1. Salmond has emphasized the importance of jurisprudence in terms of its own intrinsic interest like any other subject of serious scholarship.
2. Jurisprudence has its practical value. It seeks to rationalise the concept of law which enables us to solve the different problems involving practical intricacies of law.
3. Jurisprudence has great educational value. the logical analysis of legal concepts widens the outlook of the lawyers and sharpens their logical techniques.
4. Holland emphasises the importance of Jurisprudence as "the ever renewed complexity of human relations calls for an increasing complexity of legal details, till a merely empirical knowledge of law becomes impossible".
5. Jurisprudence helps the judges and the lawyers in ascertaining the true meaning of the laws passed by the legislature by providing the rule of interpretation.
6. The study of Jurisprudence helps in rationalising the thinking of the students and prepares them for an upright civil life.
7. Jurisprudence is immensely helpful to the legislators in the process of their law making by providing the technicalities of law and legal precepts.
8. According to Austin, the study of jurisprudence enables a person to acquire the principles of English Jurisprudence specially and accurately.
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Important Question
Q. Define Jurisprudence. Discuss it's nature and importance [2021, 2019, 2018 - 20 marks]
Q. Short note on importance of Jurisprudence [2018 - 4 marks]
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