Modern jurisprudence
Jurisprudence
Q deine jurisprudence and show its importance.
Q short note on analytical jurisprudence (17 marks)
Q define jurisprudence and explain in detail the different kinds of theoritical jurisprudence?
Q Explain in details the nature and value of jurisprudence
Q what do you understand by the term jurisprudence? Briefly explain historical and ethical theories of jurisprudence.
Q define jurisprudence and discuss its relation with psychology, economics and politics.
Jurisprudence:
The word jurisprudence is derived from the latin terms “juris” which means legal and ‘prudentia’ which means knowledge. Etymologically, therefore, jurisprudence is that science which imparts to us knowledge about law. The study of Jurisprudence started from Roman’s age and the Definition given by Roman jurists is not quite clear, but they put forward the idea of legal science.
Jurisprudence is the name given to a certain type of investigation into law, an investigation of an abstract , general and theratical nature which seeks to lay bare the essential principles of law and legal system. In jurisprudence we are not concerned to derive rules from authority and apply them to problems; we are concerned rather to reflect on the nature of legal rules. The object of jurisprudence is not to discover new rules but to reflect on the rules already known. Jurisprudence is basically the legal study of nature, study of law, legal analysis of law and explanation of existing laws as well as analysis of moral, historical and cultural values prevailed all over the world .
Definition by various scholars
Austin defines jurisprudence as “the philosophy of positive law” positive law is such law which has been laid down by a political superior for controlling the administrative affairs.
According to Austin there are two branches of jurisprudence
General : General jurisprudence relates with the subjects of law as are common to all systems of law. This field of law is a wider one.
Particular Jurisprudence : Particular jurisprudence is confined only to study of any actual system of law, it talks about it special or particular system of law.
According to Salmond Jurisprudence is the science of law”, here law stands for law of land.
Modern jurisprudence began in the 18th century and it is focusing on the study of law and legal questions of the present age furthermore, jurisprudence analyzing other disciplines such as philosophy, psychology, economics etc. It believes that laws are a product of the values of society
Aspects / nature of jurisprudence
Jurisprudence has many aspects, with following types being the most common.
The most prevalent form of jurisprudence is that it seeks to analyze, explain, classify, and criticize entire bodies of law, ranging from contract to tort to constitutional law.
The second type of jurisprudence looks for a comprehensive picture of general nature, tries to co-relate the legal concepts against different backgrounds and unravels the legal problems generated by language itself.
The effectiveness of law and the part played by sanctions are all points where jurisprudence meets other disciplines such as sociology and psychology and so forth.
Importance of Jurisprudence:
1. Researches in jurisprudence have value for other subject disciplines it may well have repercussions on the whole range of medical, legal. Political and social thought.
2. Remove the complexities of Law: in law generality can mean improvement, it may unify or suggest basic uniform concepts underlying various fact-situations and pave the way for solution of various problems by one technique . thus complexities of law become more manageable and more rational and theory can help practice.
3. Solutions of the new problems Jurisprudence is enabling the people to find out the solutions of their legal problems and now people are coordinating with legal system instead of the wisdom of the past. It may make lawyers forward-looking. It will certainly make him more conscious as to the consideration of the present social needs and make of him a lesser worshipper of precedents.
4. Interpretation of Law Jurisprudence is interpreting the laws which is helping the judges and lawyers to find out the true meanings of the laws which has been passed by the different legislatures, by providing the rules of interpretation
5. Training of Mind Jurisprudence is conducting an indirect training of the minds of people to solve the difficult legal provisions in legal way
6. Grip on legal language and grammar: Jurisprudence is helping in knowing the difficult language, grammar and difficult terms which are used in field of law. It was not possible without the help of jurisprudence
7. Legal terminology: Jurisprudence is helping the legislatures and the lawyers to use the specific legal terminology which is relieving them from mentioning a certain thing again and again such as right, duty etc.
8. To study foreign Law Jurisprudence is enabling a lawyer to study foreign law because fundamental principles are generally common in all systems of Law
9. Importance of jurisprudence: Jurisprudence is basically a theoretical subject but it also has a practical and educational value. Since the logical analysis of legal concepts sharpens lawyers own technique.
