JURISPRUDENCE

It is very difficult to give a universal and uniform definition of jurisprudence.based onideology and
nature of the society every jurist has his own notion of the subject matter and proper limitsof
jurisprudence .Coz-Growth and development of law-in diff countries- under diff social and political
condition -Word used for “ !W" #in diff countries-
diff meanings.no synonyms meaning for word $law% from& language to other.eg 'urisprudence-
english sense ( )rench-refers to $case law%.*+ew probs and new new issues-demandnew
solution,interpretation #therefore scientific invention brought ppl closer-helpd for universalization
of ideas and thoughts,development of commonterminology.

JURISPRUDENCE

# omans-latin e uivalent-jurisprudentia- means $/nowledge of law% 0 $s/ill inlaw%. omans1

definitions are vague and inade uate #but gave idea of legal science independent of the
actualinstitutuin of particular society

Ulpian

1 “2he /nowledge of the things divine and human 3 the science of just and unjust “

Paulus

1 “ 2he law is not to be deduced from the rule 3 but the rule from the law “

JURISPRUDENCE

- not in use during early formative period of common law but as meaning littlemore than s/ill0study
of law- ac uire technical significance in time of 4entham and disciple !ustin Inearly part of &5th
century

Bentham-

distinguished b0w e6positorial 7e6amination of law8 , censorial jurisprudence7as it ought

to be8Wor/ mainly of )ormal analysis of the structure of english law.9ioneered in
analytical e6position , !ustin-developed-dominated the legal thought.'urisprudence today-more
broader and sweeping sense than what !ustin understood it

Buckland

1 “2he analysis of legal concepts is what jurisprudence meant for students in the days of myyouth
.Infact it meant !ustin .:e was religion (today he seems to be regarded rather as a disease"

Julius stone:

“2he lawyer%s e6traversion .It is the lawyer%s e6amination of the precepts 3 ideals 3
andtechni ues of the law in the light derived from present /nowledge in disciplines other than the
law".

Lord Radci e

1 “;ou will not mista/e my meaning or suppose that I deprecate one of the great humanestudies if I
say that we cannot learn law by learning law .If it is to be anything more than just a techni ue3it is
to be so much more than itself1a part of history 3a part of economics and sociology 3a part of
ethicsand philosophy of life"

!ustin

#2he science of jurisprudence is concerned with positive law 3 with “law strictly so-called".it
hasnothing to do with the goodness or badness of law .divided subject into General jurisprudence
and9articular jurisprudence.which differs from each other not in essence but in their scope

"eneral #urisprudence

&.2he science concerned with thee6position of principles 3 notions anddistinction which are
common to allsystems of law 3understanding by system of law the ampler and maturer systems
which by reasons of their amplitude and maturityare pre-eminently pregnant
withinstructions".<.2he fields are wider than particulr.jurisprudence.=.It is the province of general
3 pure orabstract jurisi prudence to analyse andsystemize the essential elements underlyingthe
indefinite variety of legal rules withoutspecial reference to the institution of any particular
country.>.It is an attempt to e6pound thefundamental principles and broadestgeneralization of two
or more systems.?.It ta/e data from system of more than onestate@g1possession is accepted as one
of thenine-tenth of its right through out theworld0recognized by all system of law.

Particular #urisprudence

&.It is the science of any actual system oflaw or any portion of it.2he only practical jurisprudence is
particular.<.2he fields are narrower thangen.jurisprudence.=.It is confined to a particular country
orsometimes to a particular area too>.Its principle are coloured and shaped byconcrete details of a
particular system?.It ta/e data from particular system of law.@g1period of possession differs from
onecountry to another .

Criticism o !ustin classi ication o #urisprudence

$ainl%-Impractica&ilit%Salmond

1 'urisprudence is a social science which deals with social institution governed by law .Itstudies them
from the point of view of legal significance.:e points out error in !ustin%s idea of
gen.jurisprudence ,assumes that unless a legal principle iscommon to many legal systems3it cannot
be dealt with gen.jurisprudence.'urisprudence is one integral social science. 2here may be many
schools of jurisprudence and differentsystem of law.but not different /inds of jurisprudence. 2he
distinction is not proper.2herefore it is notcorrect to use roman3 hindu3@nglish jurisprudence.
'olland

1 :e points out that study of particular legal system is not a science .thus it is only the materialwhich
is particular and not the science itself, assumes that law has same characteristics all over theworld
but that is not opposed to human e6perience.Giving eg . ofGeology of @ngland says" a science is a
system of generalization which 3 though may bederived from observat ion over limited area will
hold good everywhere assuming the subject matter ofthe science to possess everywhere the
same characteristics"!gain “ 9rinciples of Geology elaborated from the observation of @ngland alone
hold good all over theglobe in so far as the substances and the forces are everywhere present
and the the principles of jurisprudence 3if arrived at entirely from @nglish data 3 would be true if
applied the particular law o f anyother community of human beings 3assuming them to resemble in
essentials to the human beings whoinhabited @ngland"

$aitland

1 “ aces and nations do not travel by the same roads and at the same rate"

Lord Br%ce

1 " 2he law of every country is the outcome and result of the economic and socialconditions of the
country as well as the e6pression of its intellectual capacity for dealing with theseconditions."

Buckland

1 :e points out that gen.jurisprudence does not adhere it to practice." aw is not a

mechanicalstructure li/e geological deposits(it is a growth and its true analogy is that of biology"

Sa(i)n%:

“ law grows with the growth and strengthens with the strength of people and its standard
ofe6cellence will generally be found at any given period to be in complete harmony with the
prevailingideas of the best class of citizens"

Puchta

1 2he progress in the formation of law accordingly /eeps pace with the progress in the/nowledge of
the people of the facts which they observe and hence it is that law has it provincialism noless
mar/ed than language"

Dias !nd 'u)hes

1 points out serious ambiguities in !ustin%s def. of .Gen.jurisprudence*+o criterion for amplitude
and maturity*+o e6planation #common principles- are fact found to be common 7or8for some
reason those whichare found necessarily common.*+o demonstration #notions in his boo/ #are
truth shared by “ampler , natural system"*substance of his boo/-Arawn from @nglish law with
occasional superficial references to roman law.2herefore his jurisprudence is
essentially $particular%

Sir *homas Erskine 'olland

#'urisprudence -)ollow !ustin but adds the term $formal%“It is the formal science of positive
law")ormal-means “2hat which concerns only the form and not its essence")ormal science is one
which describes only the form or the e6ternal side of the subject and not itsinternal contents9ositive
law #“2he general rule of e6ternal human action enforced by a sovereign political
authority"“'urisprudence is therefore not the material science of those portions of law which various
nations havehaving legal conse uences ““'urisprudence deals rather with the various relations which
are regulated by legal rules than with therules which themselves regulate these relations"“2he
assertion that jurisprudence is a general science may perhaps be made clearer by an e6ample.&8If
any individual accumulate a /nowledge of every @uropean system of law 3holding each part
fromthe rest in the chambers of his mind 3his achievements would be best described as an
accurateac uaintance with the legal systems of @urope.If each of these systems were entirely unli/e
the rest