1.

Naturee value of jurisprudence

Definition and Meaning

The term Jurisprudence is a Latin term having meaning ‘Knowledge of Law or Skill of Law’ (Juris=Law).
(Prudence=Knowledge of Law)

It is defined as a study of the fundamental legal principles including their philosophical, historical, and
sociological bases, and, an analysis of legal concepts. It is a type of investigation into the essential
principles of law and the legal systems (Salmond). It is the science of the first principles of civil law. Legal
concepts like contracts, torts or criminal law consist of a set of rules. It has no such legal authority, and
further, it has no practical application. The jurists have a free approach in their investigations. Further,
the method of enquiry in jurisprudence is different from otherlegal subjects.Jurisprudence study about
the law and includes the study of the term law, sources of law and legal terminologies.

It has been defined by various authors as follows:-

Salmond:-Jurisprudence is defined as the Science of Law. In science, there is a systematic study of Nature
and in Jurisprudence there

is a systematic study of Law.

Austin:- According to this author Jurisprudence is the philosophy of Positive Law. And it governesses all
actions of human being which are illegal and unjustified.

Gray:- According to this author Jurisprudence is the study of legal systems of all the countries.

Duguit :- According to this author Jurisprudence is knowledge of just and unjust. And Human law and
Divine Law or Natural law.

Nature of Jurisprudence

It is Uncodified Law

It is common law in all countries

This law has been developed and not enacted by the Legislative.

It is also called legal theory, there is an actual study of the term law in Jurisprudence.

There is no scope for amendment and it is developing out of legal knowledge of the people.

Scope of Jurisprudence

There is a wide scope of Jurisprudence and it is related to so many other subjects that can be explained
as follows:

Jurisprudence and economics:-

Economics is the science of wealth. People commit many illegal activities for the sake of wealth and law
tries to control illegal activities and to punish the criminal’s same law is studied in Jurisprudence and
therefore Jurisprudence and economics are correlated.

Jurisprudence and Politics:-

Laws are enacted by political parties. Who are elected by people called as Legislatures. Jurisprudence
study law enacted by political parties who are in power and therefore Jurisprudence is also related with
Political Science.

Jurisprudence and Sociology :-

Sociology is also called as Science of Society. It studies about the development of Society. Law is the
requirement of Society. Which is studied in Jurisprudence and it is related with Sociology.

Jurisprudence and Ethics:- (Ethics means Morality)

Ethics or morality is base of Law. Many Laws have been enacted by considering morality. But it is not in
all the laws. Therefore law and morality are ethics are also correlated.

Importance of Jurisprudence

It is compared with science which shows the importance of Jurisprudence.

It studies the legal systems of all the countries.

It is called as foundation or base of the law and the study of jurisprudence is much important.

It is related to many other subjects which shows the importance

of jurisprudence.

It makes a study of term law and sources of law which is necessary.

It is like a tool in hands of legal expertise which is helpful in the interpretation of the law.

law and morality

Law

Black’s Law Dictionary says that law is “A body of rules of action or conduct prescribed by controlling
authority and having binding legal force. That which must be obeyed and followed by citizens subject to
sanctions or legal consequence is a law.”[1]

In simple words, the law is a bunch of rules and regulations formed by the authority(legislature) and
enforced by the executive body which has legal sanctity. And which the citizens are obliged to follow in
order to avoid the legal consequences.

Morality

Morality in simple words is the principles, values, beliefs and behaviour created and carried forward by
the society. They do not have legal sanctity but bind a person to societal obligations or are dependent
upon the conscience of the individual.

Example- Going to the temple and praying to God is morality but is not a legal sanction.

Many of the legislations are devoid of morality while there are also many legislations which along with
law have morality as the base element. For example- a Live-in relationship is legal but is not in consensus
with morality. Whereas, the law against human trafficking has morality as its element.

Relationship between Law and Morality

1. Moral as the origin of law

Even though the distinction between law and morals has been put forth but morals form an integral part
of the law. Most of the laws have some or the other principles of morality.

2. Moral as the test of law

Many Jurists are of the opinion that those laws which do not follow morality must be removed, as the
end purpose of every law is to impart justice and ensure the welfare of the people.

3. Morality as the end of the law

the object of morality is to remove conflicts from society. Thus we can see, that the main object of law
and morality is the same making both the concepts related to each other.

Difference between Law and Morality

Although we can see law and Morality in some aspects as interdependent and also identical concepts.
But there are some factors which differentiate these two.

1. It is the external source from which the law is obtained, in simple words law is derived from the rules
and regulations, whereas morality is derived from the individual’s inner self (internal source) i.e. the
individual mind of the person.

2. Laws are focused upon the individual’s conduct for which it entrusts certain standards whereas
morality is concerned with the innate values of the conduct in other words it is focused upon the motive.

3. Laws don’t change from person to person, it treats everyone the same, whereas morality is a
subjective concept, it differs for every person based on their conscience.
4. Laws are influenced by morality, which means they are created by taking morals into consideration.
Morality, on the other hand, existed way before the laws were formulated.

5. There is punishment for the disobedience of law but in morality, there is no such punishment for
anything done which is wrong morally.

6. Laws are mandatory to be followed as laid down by the sovereign for the people governed by it.
However, morality is rather a personal concept it doesn’t lay down certain mandatory conduct have to
be followed.

7. Laws control the behaviour of a person legally whereas morals control the behaviour of a person
morally.