

JURISPRUDENCE

MEANING/DEFINITION/NATURE & SCOPE

 BY
 ANJALI DIXIT
 ASSISTANT PROFESSOR
 FACULTY OF JURIDICAL SCIENCES
 RAMA UNIVERSITY
 KANPUR(U.P.)
 JURISPRUDENCE – IT’s
MEANING,NATURE &SCOPE
MEANING
Jurisprudence is a “word which stinks in the nostrils of a practising barrister”.
Practicing barristers and judges view it as impractical and irrelevant in interpreting
legislation and administering laws.(Dicey)
JURISPRUDENCE
Jurisprudentia (Latin Word), Juris (Law) + Prudencia
(Knowledge) =Knowledge of law.
Jurisprudence is methods by which you can find out
(1) source of law
 (2) validity of law
(3) object of law
(4) Functioning of law
(5) effect of law.
The expression ‘Law’ in relation to jurisprudence
means fundamental legal principles.
JURISPRUDENCE
Ulpian :- “Jurisprudence is the observation of things
human and divine, knowledge of just and unjust.”
John Austin :- “Jurisprudence is the Philosophy of
positive law”. Positive law means law made by
sovereign. He was the first jurist to make
jurisprudence as a science. There are two types of
jurisprudence, (1) General Jurisprudence & (2)
Particular Jurisprudence.
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JURISPRUDENCE
Salmond : - “Jurisprudence is the science of the
first principle of law.”
There are two types of jurisprudence
 (1) Generic Jurisprudence and
(2) Specific Jurisprudence
JURISPRUDENCE
Gray:- “Jurisprudence is the science of law….”
Holland :- “Jurisprudence is the formal science of positive law.”
Dr. Allen :- “Jurisprudence is the scientific synthesis of the
essential principles of law.”
Keetan :- “Jurisprudence is the study and systemic
arrangement of the general principles of law.”
H.L.A.Hart : - Jurisprudence is the scientific study of Union of
rules (Primary and Secondary Rules.) Primary rules means
rules which imposes duty. Secondary Rules means rules which
confers powers whereby new duties may be created and
defective duties may be varied or repealed.
JURISPRUDENCE
Julius Stone :- Jurisprudence is the lawyer’s
extraversion.
Laski :- Jurisprudence is eyes of law.
Patterson :- Jurisprudence is a social science.
KIND OF JURISPRUDENCE

Bentham
There are two types of jurisprudence
(1)Expository/ Expositorial (What the law is)

(2)Evaluative/Censorial (What the law ought to be)

Austin
There are two types of jurisprudence,
(1) General Jurisprudence & (2) Particular Jurisprudence.
Salmond
There are two types of jurisprudence
(1) Generic Jurisprudence and (2) Specific Jurisprudence
BOOKS OF JURISTS
Hugo Grotius : De Jure Belli Ec Pacis, ( On the Law of
War and Peace ) 1625
Bentham: Limits of Jurisprudence Defined, Theories
of Legislation, The Introduction to the Principles of
Morals and Legistation
Austin: Province of Jurisprudence Determined
Julius Stone: Province of Jurisprudence
Redetermined, Legal System and Lawyer’s Reasoning
Ihering: Law as a means to an end
Pound: Jurisprudence
BOOKS OF JURISPRUDENCE
Hart: The Concept of Law
Fuller: The Morality of Law
Maine: Ancient Law
Friedman : Law in Changing Societies
Hohfeld: Fundamental Legal Conception
Paton: A Text Book of Jurisprudence
Goodhart: “Essays in Jurisprudenceand Common Law”
Savigny : Das Recht Des Bestizes (The Law of
Possession). System of modern Roman Law
Buckland : Some reflections on Jurisprudence