Jurisprudence is the science of civil laws

Q. 'Jurisprudence is the science of civil laws'. Comment. [10 marks - 2021]

Prominent jurists have defined jurisprudence as the science of civil laws.

Austin calls jurisprudence the "philosophy of positive laws". By positive law or positivism, he means the law made by a political superior to control the behavior of those who are under his authority. Therefore, the "positive law" used by Austin is identical to "civil law".

Salmond defines jurisprudence as the science of the first principles of civil law. He therefore emphasizes that jurisprudence deals with a particular type of law, for example. civil law or state law. Civil law is made up of rules applied by the courts in the administration of justice. 

No comments:

Post a Comment