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Austin The Uses of the Study of Jurisprudence Jackie Canlas Proper subject of jurisprudence Austin confined his jurisprudence to the analysis and description of positive law. He defined positive law as a rule laid down for the guidance of an intelligent being by an intelligent being having power over him, or law established by the express or tacit authority of its sovereign of supreme government. Though every system of laws has its specific and characteristic differences, there are principles, notions, and distinctions common to various systems, and forming analogies or likeness by which such systems are allied. Many of these common principles are common to all systems to the scanty and crude systems of rude societies, and the ampler and maturer systems of redefined communities. Accordingly, the various principles common to maturer systems are the subject of an extensive science the science of general jurisprudence, or the philosophy of positive law.

General Jurisprudence Austin defines general jurisprudence as the science concerned with the exposition of the principles, notions and distinctions which are common to the systems of law, understanding by systems of law, the ampler and mature systems which, by reason of their amplitude and maturity, are pre-eminently pregnant with instruction. General jurisprudence is an attempt to expound the fundamental principles and broadest generalizations of two or more systems. It is the province of general jurisprudence to analyze and systematize the essential elements underlying the indefinite variety of legal rules without special reference to the institution of any particular country. Science of Legislation The science of legislation is contra-distinguished by Austin to the science of national/general or particular jurisprudence. Legislation is the science of what ought to be done towards making good laws, combined with the art of doing it. In as much as the knowledge of what ought to be, supposes a knowledge of what is, legislation supposes jurisprudence, but jurisprudence does not suppose legislation. On the other hand, the science of jurisprudence is the science of what is essential to law, combined with the science of what it ought to be. Particular Jurisprudence Austin defines particular jurisprudence as the science of any one of such systems of law or any portion of it. The only practical jurisprudence is particular. Its main subject is the laws of individual sovereign states.