DEFINITION

OF LAW

JURISPRUDENTIAL ASPECT
WHAT IS JURISPRUDENCE

– Jurisprudence is a study and knowledge of the law that explains its creation,
enforcement, and purpose.

– The term ‘Jurisprudence’ derives from a Latin term Juris Prudential which
means the ‘Knowledge of law’. However, the General Jurisprudence can be
divided into two categories, which include the ‘Analytic Jurisprudence’ and
‘Normative Jurisprudence’. The Analytic Jurisprudence talks about the questions
as to ‘What is the law?’ while the Normative Jurisprudence talks about
questions such as ‘What is the purpose of the law?’
SCHOOLS OF
JURISPRUDENCE
Five schools of jurisprudence:

1. Philosophical school or Natural law

2. Analytical school
3. Historical school
4. Sociological school
5. Realist school
Definition of law according to
different scholars and jurists

Austin and HLA Hart - Positive school

Roscoe Pound- Sociological School
Von Savigny- Historical School
Natural school- L.L Fuller.

Along with class notes

Philosophical school or Natural law-

– The eminent law specialists of this school are Grotius (1583-1645), Immanuel
Kant (1724-1804) and Hegel (1770-1831).
– LL. Fuller- an American legal philosopher, who criticized legal positivism and
defended a secular and procedural form of natural law theory. who wrote The
Morality of Law in 1964, discussing the connection between law and morality.
LL. Fuller

– For fuller “ Law is the enterprise of subjecting human conduct to the governance of
rules”. Thus focusing on the concept of morality that governs the conduct of an
individual.

– One need to see not only the formal criteria but also the “basic minimum moral
criteria”

– Two filters to understand what rules are law

1. Formal criteria- who makes law
2. Moral criteria- the content of law
MORALITY- TYPES

– EXTERNAL- morality of aspiration- - meaningful contact with each other, one

can improve and enrich themselves. It is the conduct that is subjected to control
and not aspiration

– INTERNAL- achievement of aspiration that can be done by making laws. For

which there must be eight qualities:
1. generality, 2) promulgation, 3)prospectivity, 4) Intelligibilty, 5) Un-self
contradictory, 6)possibility of obedience, 7) consistency through time, 8)
concurrence between official actions and declared rules
CONCLUSION

– discussion