Jurisprudence: 'Formal science of positive law'

Q. Jurisprudence may be defined as 'Formal science of positive law'. Discuss. [20 marks - 2021]

Holland's definition of Jurisprudence

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. 

A "formal science" is an area of study that uses formal systems to generate knowledge such as in Mathematics and Computer Science. Similarly there is a formal science of law, material manifestations of whose fundamental principles are found in various systems of actual legal rules. 

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.

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