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Jurisprudence 

is the study of the theory and philosophy of law. The subject, in its
entirety, differs from other social sciences. This has given rise to several debates with
regards to the nature of jurisprudence as a science vis-à-vis its nature as art.
Jurisprudence involves the study of general theoretical questions about the nature of
law and legal systems, about the justice of the law, the relation of ethics and the
social nature of law.
       Jurisprudence, as a philosophy of law, attempts to establish a relationship with
social values and provides practical solutions through the fusion of fact, justice, and
value. The people of this world have made some ideas and concepts about the
nature of justice and law.
      Jurisprudence as a science of law is mainly concerned with the regulation of
human conduct according to the set values, needs, and goals of every society. As
values, needs and goals are of a changing character, the nature of jurisprudence also
changes to meet the needs of a particular society.
The term “jurisprudence” has been used at different times, in different meanings.
Sometimes it is used as a synonym for the word “law”, sometimes as a philosophy of
law, and sometimes as a science of law. The current trend seems to prefer the term
“legal theory” to the term “jurisprudence” The term “legal theory” was first
introduced in 1945 by W. Freedman when his book on ‘Legal Theory’ appeared and
has since become popular. The term “legal theory” is commonly used as an
evaluation and conceptual study of the concept of law and the relation of morality
and justice, which underlie law.
Austin defines jurisprudence’ as ‘Science of law which deals with the analysis of the
concepts or its underlying principles’. For Austin, the appropriate subject of
jurisprudence is positive law i.e., law as it is (existing law). For him, jurisprudence is
not moral philosophy, rather it is a systematic study of substantive law as distinct
from moral, ideal, or natural law.

The relation between law and morality.


The relation between law and morality can be understood by two theories of law positivism theory
and natural law theory.

Natural law theory: according to this theory both law and morality are connected. According to
natural law theorist, human law is based on the principle of morality, not on any human-made
principles.
The term natural law. status of law under natural theory does not depend on only acts, but also
religion, custom, ethics. this theory talks about what ought to be. natural law is inherent and not
required any authority to impose it.
Positivism law theory: according to this theory law is common of a sovereign authority. a command
of human beings for other human beings where the previous one is more powerful and strong then
other and enjoy the power status and authority of the lawmaker is unquestionable, and according to
the matter of law it will decide what is right and what is wrong and if one not follow the law there
will be a punishment. Jeremy Bentham considered the first positivist according to him law should be
based on human experiences. The positive law might set the standard for the actions that are
required and for those which are prohibited.
Historic case where the conflict between law and morality can be traced.

Example
For example, if a hungry needy person stole a piece of bread, if we see this according to the law then
stealing something is against the law but if we see this situation according to morals then, it is right
because the person was trying to fulfil his fundamental need to keep his soul body together.
In another example a country refuse to give permission to refuges to take shelter in that country to
protect its citizens right and make a law for the same purpose, it is against the morality because we
should help the needy one but this is lawful.

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