Jurisprudence Notes Sem - 2 LLM

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UNIT – 1

i) https://www.legalbites.in/meaning-nature-scope-jurisprudence/

https://www.lawcolumn.in/meaning-nature-and-scope-of-
jurisprudence/

ii) https://www.legalbites.in/schools-of-jurisprudence-notes/

https://legaldesire.com/concept-of-law-and-schools-of-
jurisprudence/ (detailed version)

UNIT – 2

i) INTRODUCTION

The word ‘jurisprudence’ derived from the Latin word ‘jurisprudentia’ which means knowledge
of law. The Latin word ‘juris’ means law and ‘prudentia’ means skill or knowledge. Thus the
term jurisprudence signifies knowledge of law and its application. Jurisprudence means the
interpretation of the general principles based on which actual rules of law are recognised.
Jurisprudence is concerned with the rules of external conduct which people are forced to obey.
Some of the notable definitions of jurisprudence as expounded by jurists are as follow:

As per Cicero, “Jurisprudence is the philosophical aspect of knowledge of law.”

According to Salmond, “Jurisprudence is the science of the first principles of civil law.”

According to John Austin, “Jurisprudence is the philosophy of positive law.”

In the views of Holland, “Jurisprudence as the formal science of positive law.”

As per H.L.A. Hart, “Jurisprudence is the science of law in a broader perspective by co-relating
law and morality.”

Rosco Pound defines Jurisprudence as “the science of law denoting the body of principles
recognised or enforced by public and regular tribunals in the administration of justice”.[1]
Law is the subject matter of jurisprudence since the latter deals with the study of law. Austin
thought it is necessary to define law in order to establish the province of jurisprudence. The
history of the concept of law discloses that jurisprudence has dissimilar meanings at different
periods. Therefore it is difficult to attempt a singular definition of the term.

1. CONCEPT OF LAW

Wherever the concept of law is examined, as it occurs, for example, in mathematics, logic, and
the physical sciences, one surrounded by puzzles and confusion. Laws are acknowledged to be
very queer things; baffling questions about them arise on every side. Nowhere, however, is the
thicket of intellectual difficulties more tangled than it is about the concept of law in
jurisprudence. Some of the main questions that require answers are: (1) what is a law? (2) What
is the legal system? (3) What are the criteria for good laws? (4) Who or what is the authority
behind the law? Many of the troubles and falsehoods which a philosopher of law is appropriate
to encounter, initiated by a tendency to confuse two or more of these questions. However, even
when he avoids that kind of error, the tasks of determining the precise meaning of these
questions and their answers remain formidable ones. H. L. A. Hart, Professor of Jurisprudence in
the University of Oxford, discusses these and related problems in his new book [2]. Hart, being a
lawyer, is also a fine philosopher: in short, just the man for the job. Moreover, he has done it
exceedingly well. Hart expressed hope that “it may also be of use to those whose interests are in
moral or political philosophy or sociology, rather than in law” is amply fulfilled. There is an
introductory chapter which explains the “persistent questions” of legal theory, three chapters
dealing critically with the views of John Austin, three in which he expounds his positive theory
of the law itself, one concerning justice and morality, another on the relationship between law
and morals, and a concluding chapter which deals with international law.[3]

Law can be said to be a principle and regulation established in a particular community by an


authority and applicable to its people, whether in the form of legislation or custom and policies
recognised and enforced by State authority. In jurisprudence, law is the subject matter.

As per Blackstone, a law in its most general and comprehensive sense signifies a rule of action
and is applied indiscriminately to all kind of actions irrespective of gender, caste, language, race,
birth, colour, etc.

According to Salmond, the body of principles recognised and applied by the state in the
administration of justice.[4]

There are different types of law such as general law, private international law, conventional law,
special law, municipal law, customary law, international law, private law, public law,
constitutional law, administrative law, substantive law and procedural law.

The following are said to be the identified sources of law: legislation, custom, precedent, juristic
opinion, international convention.
ii) https://www.legalbites.in/jurisprudence-kinds-of-law/

iii) https://blog.ipleaders.in/legislation-source-law/amp/

https://www.slideshare.net/dudleyboys/precedent-as-a-source-of-
law

UNIT – 4

1. https://www.lawnotes4u.in/2019/12/meaning-definition-and-
elements-of-possession.htmlAND
https://www.srdlawnotes.com/2017/02/possession.html
2. https://www.youtube.com/watch?v=GQuiMWrLVlI
3.

UNIT – 5

1. https://legaldesire.com/concept-of-obligatoion-under-
jurisprudence/
2. https://blog.ipleaders.in/laws-of-property-under-jurisprudence/
amp/
3.
4.

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