DEFINITIONS

 The term jurisprudence has meant different things at different times.

 Julius Stone described jurisprudence as “Lawyer’s Extroversion”. It means that jurisprudence
involves examination of precepts, ideals and techniques of the law by lawyers in the light of
disciplines other than the law.
 Ulpian defined jurisprudence as the “observation of things human and divine, the knowledge of the
just and the unjust.”
 Cicero defines jurisprudence as the philosophical aspect of knowledge of law.
 Gray opined that “jurisprudence is the science of law, the statement and systematic arrangement
of the rules followed by the courts and the principals involved in those rules.”
 Salmond defines jurisprudence as the “science of the first principles of the civil law.” He classified
jurisprudence in following two senses:
 ‘Generic’ Sense: it includes the entire body of legal doctrines.
 ‘Specific’ Sense: it means only a particular branch of a legal doctrine.
 According to Salmond, specific sense is the only proper jurisprudence as it deals with general
principles of a particular legal system.
 Salmond further observes that as a ‘science of law’, there may be three kinds of jurisprudence:
1. Expository or systematic jurisprudence, which deals with the contents of an actual legal system
as existing at any time whether past or present.
2. Legal history, which is concerned with the legal system in its process of historical
development.
3. The science of legislation, the purpose of which is to set forth law as it ought to be. It deals
with the ideal future of the legal system and the purpose which it may serve.
 Dr. Allen criticised has objected to the Salmond’s definition on the ground that he has limited the
scope of jurisprudence to a particular legal system.
 John Austin defines jurisprudence as “philosophy of positive law”. By the term ‘positive law’ he
meant ‘jus positivum’, that is law laid down by a political superior for commanding obedience
from his subjects. He divided jurisprudence into two parts:
4. General jurisprudence: the science concerned with the exposition of principles of nation
which are common to all systems of law.
5. Particular jurisprudence: science of any system of positive law as now obtains or once
actually obtained in specifically determined nation.
 The definition of general jurisprudence by Austin was criticised by many. Dias and Hughes
remarked that once upon a time Austin was regarded as the religion, now he seems to be regarded
as a disease.
 Dr. C. K. Allen has defined jurisprudence as ‘the scientific synthesis of the essential principles of
law’.
 According to Keeton, ‘jurisprudence is the study and scientific synthesis of the general principles
of law.
 H. L. A Hart believed that union of primary and secondary rules explains the nature of law and
provides key to the science of jurisprudence.
 According to Roscoe Pound, jurisprudence is the “science of law using the term law in the juridical
sense, as denoting the body of principles recognised or enforced by public and regular tribunals in
the administration of justice”.

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