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What is Jurisprudence

Jurisprudence is the Eye of Law. The eyes are one of the most
important parts of the human body. Almost all human activities and
the movements of the body are possible only through them. Unless a
man can see anything properly, he cannot do any work. The reason for
calling jurisprudence ‘the eye of law’ is that jurisprudence functions
for law in the same manner as the eyes do in the human body.
For example, The interpretation of law is a challenging task, and it
cannot be done without the help of jurisprudence. Whenever any
complicated problem regarding law like,
• How and when the law developed?
• What is its object?
• Whether the law was made by people or it was due to the
inspiration of some Divine force.
 • Whether the law is a command of a sovereign or it is a result of
the gradual development of civilization in society.
arises, jurisprudence plays the role of a bridge in understanding the
law.

Functions of Jurisprudence

The primary function of jurisprudence is to study the origin of law,

its development, and its contribution towards society.
The matters of birth, marriages, death, succession, etc. are equally
controlled through laws. It is a well known saying that “ignorance of
the law is no excuse,” hence it is essential to know the correct basic
principles of law which are contained only in the jurisprudence.
Law is also connected with civil life. A person who obeys laws is
known as a civilized citizen. A person who does not obey the law is
punished. It is therefore necessary that all the people should have the
sound knowledge of the law, which is possible only with the help of
jurisprudence. Therefore, jurisprudence, having so much importance
for society, has rightly been called the eye of law.

Nature of Jurisprudence

Jurisprudence, in its nature, is entirely a different subject. The reason

for this is that it is not a codified law but a growing and dynamic
subject having no limitation on itself. Its inquiry system is of different
status from other subjects.
Every jurist does not base his study on the rules made but tries to
understand their utility after due deliberation. Thus jurisprudence has
no limited scope being a growing subject.
Is Jurisprudence Art or Science

There is a difference of opinion about the nature of jurisprudence. It is

called both art and science. But to call it science would be more
appropriate. The reason for this is that, just as in science, we draw
conclusions after making a systematic study by inventing new
methods and techniques. In the same way, jurisprudence is
concerned with the fundamental principles of law.

Scope of Jurisprudence

According to justice P.B.Mukherjee: “Jurisprudence is both an

intellectual and idealistic abstraction as well as a behavioural
study of man in society. It includes political, social, economic, and
cultural ideas. It covers the study of man in relation to state and
society.”
Jurisprudence involves certain types of investigations into law which
seek to lay the bare essential principles of law.
Salmond observed: “In jurisprudence, we are not concerned to derive
rules from authority and apply them to a problem, we are concerned
rather to reflect on the nature of legal rules, on the underlying meaning
of legal concepts and on the essential features of the legal system.”
It, therefore, follows that jurisprudence comprises the philosophy of
law, and its object is not to discover new rules but to reflect on the
rules already known.

Utility and Importance of Jurisprudence

It is often said that jurisprudence being an abstract and theoretical

subject, is not of any practical use. But it is not correct to say so. Its
utility is as follows.
1. Salmond pointed out that jurisprudence has its own intrinsic
interest like other subjects. The legal researches on jurisprudence
may have their effect on contemporary socio-political thought, and at
the same time, may themselves be influenced by these ideologies.
2. Jurisprudence also has its practical applicability. In other words,
it serves to render the complexities of law more manageable and
rational, and in this way, theory can help to improve practice in the
seats of law.
3. Jurisprudence has great educational value. The logical analysis
of legal concepts widens the outlook of lawyers and sharpens their
logical technique. It helps them in shading aside their rigidity and
formalism and trains them to concentrate on social realities and the
functional aspects of the law. It is not the form of law but the social
function of law, which has relevance in modern jurisprudence.
4. Commenting on the significance and utility of jurisprudence,
Holland observed, “the ever-renewed complexity of human
relations call for increasing complexity of legal details, till a
merely empirical knowledge of law becomes impossible.” Thus
jurisprudence throws light on the basic ideas and the fundamental
principles of law in a given society. That is why it has been
characterized as the eye of law.
5. The study of jurisprudence helps in rationalizing the thinking of
students and prepares them for an upright civil life. The knowledge of
the law and legal statutes also helps them to face every essential
necessity related to human affairs boldly and courageously.
6. Jurisprudence may also be helpful to legislators who play a crucial
role in the process of law-making. The study of jurisprudence may
familiarise them with technicalities of law and legal precepts, thus
making their job fairly easy as well as interesting.

This was just a shot note on Jurisprudence. This is not full

Jurisprudence that you need to study for exams.