JURISPRUDENCE

MEANING OF JURISPRUDENCE
• Jurisprudence is the study of law which discuses the theory and
philosophy of law as a discipline. The term 'Juris' denotes law and
'Prudence' stands for knowledge, but this knowledge of law is not
limited to study of statute books and case pronouncements only but
spreads to the extensive knowledge of origin, development and scope
of law and the concept of justice.
Definition of Jurisprudence
 It is very difficult to define term 'jurisprudence', However, several attempts were
made in this context to define the term.  Some of the definitions of the term
"jurisprudence" given by various eminent jurists as under –

• Ulpian : The Roman Jurist, Ulpian, defined Jurisprudence as "The observation of

things human and dive, the knowledge of just and unjust."
Criticism to Austin’s definition
• Austin's definition criticised by Salmond and Holland
and other Jurists on the ground that it is not proper and
appropriate to classify as the general Jurisprudence and
Particular Jurisprudence.
3. Holland
An English Jurist Sir Thomas Erskine Holland defines, Jurisprudence
as,"The Formal Science of Positive Law". He says "Jurisprudence deals
with the human relations which are governed by rules of law rather
than with the material rules themselves."
Formal science differs from material science in the way that formal
science deals with fundamental principles underlying and not
concrete details.
Criticism to Holland’s definitions
•  Many eminent jurists have criticised the definition of Holland as He
himself explains that by the term 'formal' he means that
jurisprudence concerns itself with human relations which are
governed by the rules of law rather than the material rules
themselves but material rules are the subject of legal exposition,
criticism or compilation rather than jurisprudence.
4. SALMOND
• Salmond defines Jurisprudence as the "Science of the first principles
of civil law".
In Salmond's point of view, Jurisprudence thus deals with civil law or
the law of the state. This kind of law consists of rules applied by courts
in the administration of justice.   The Civil law consists of rules applied
by Courts in the administration of Justice. Salmond agrees with both
Austin and Holland only to the extent that jurisprudence is 'a science, a
systematic study of basic principles of legal systems. 
Criticism to Salmond’s definitions
• Salmond's Definition has been criticised on the ground that he has
narrowed down the field of jurisprudence by saying that it is a science
of civil law and hence covers only particular legal system.
5. Gray
According to John Chipman Gray " jurisprudence is the science of law,
the statement and systematic arrangement of the rules followed by
the Court and the principles involved in those rules."

CRITICISM:  Stone has Criticised Gray's Definition and said that Gray
has failed to determine any province of jurisprudence rather he has
reduced jurisprudence to merely a matter of arrangement of rules.
6.Keeton:
Defines jurisprudence as " the study and systematic arrangement of
the general principles of law.
7. Roscoe Pound:
Dean Roscoe Pound defines jurisprudence as " 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".
CONCEPT OF JURISPRUDENCE
2. Austin:
 Austin was the first jurist to make jurisprudence as a science. He
defines 'jurisprudence' as "the philosophy of positive law.“
Positive Law means the law laid down by political superior to regulate
the conduct of those subject in his authority. The positive law is identical
to civil law. He opines that jurisprudence is not a moral philosophy but it
is a scientific and systematic study of the existing, actual and positive law
has distinguished from natural, ideal or moral law.
Austin divides jurisprudence into two classes. i.e 'general
Jurisprudence and Particular Jurisprudence. According to him 'General
Jurisprudence is the philosophy of positive law. On the other hand
'particular jurisprudence is the science of any such system of positive
law as now actually obtains or once actually obtained in a specifically
determined nation or specifically determined nations.
 SOURCES
it is well known that sources are the basic features of a legal system
which are mainly founded on the authoritative sources and the nature
and the working of legal authority behind these sources.
Under this head subject such as custom, legislation, precedent as a
source of law, pros and cons of codification of laws, reasoning and
judicial interpretation and its method, inquiry into the administration
of justice etc., are included under this head for study of
jurisprudence.
 LEGAL CONCEPTS
Analysis of legal concepts such as property, rights, ownership,
possession, obligation, acts, negligence, legal personality and many
other related issues.
Jurisprudence tries to bring a comprehensive picture of these
concepts as they are studied particularly in ordinary branches of law
but as they are studied and have function in several branches of law it
tries to bring comprehensive data as a whole.
 LEGAL THEORY
It also constitutes one of the most important components of
jurisprudence.
Legal theory is mainly concerned with the law as it is and exists and
functions in the society and the manner in which the law is created
and enforced as it also influence the social opinion and law on each
other.
Legal theory tries to co-relate the law with the branches or disciplines
such as religion, philosophy, ethics, politics, etc.
JURISPRUDENCE AND OTHER
SOCIAL SCIENCES
JURISPRUDENCE AND ETHICS
Ethics is the science of human conduct. It projects an ideal human
behavior, in the light of which it suggests a course of conduct for
individuals living in societies.
Jurisprudence is discussing the imperative rules, actually existing in
the societies. 
Therefore, both of the science are interrelated.
Due to the close relationship and interdependency of these sciences,
there emerged a branch of jurisprudence known as Ethical
Jurisprudence, discussing the ideal human behavior or which is the
study of law as it ought to be.
 JURISPRUDENCE AND PSYCHOLOGY
Psychology is the ‘science of mind and behavior’, whereas, 
jurisprudence is discussing law.
Law is aimed to be followed by individuals, and individuals can only
follow law if they intend to follow.
Therefore, intention is the very basic element behind every law, and
particularly in criminal law the concept of mens rea is having
immense importance.
Therefore, jurisprudence and psychology both are closely inter-
related human sciences.
 JURISPRUDENCE AND HISTORY
 History is the scientific narration of the past events, whereas,
jurisprudence is the science of law.
 History helps jurisprudence in digging out the origin and evolution of
different legal rules.
 Owing to its importance, there developed a separate branch of
jurisprudence, known as Historical Jurisprudence.
 Therefore, it may concluded that there is a close relation between
jurisprudence and history.
 JURISPRUDENCE AND SOCIOLOGY
Jurisprudence is the study of law and sociology is the study of society
and it is also discusses law but from a different stand-point. Therefore
there is a link between jurisprudence and sociology.
Jurisprudence is concerned with legal rules that actually exists,
however, sociology is studying the effectiveness of those legal rules
and their impacts on society.
 JURISPRUDENCE AND ECONOMICS
Economics studies the production and distribution of wealth and law
is responsible for establishing a fair distribution of wealth through
rules.
Moreover, studies show that economic factors are responsible for the
increasing rate of criminal activities, which again brings the two in
close relation with each other.
Economics aims at improvement of the standards of human lives
whereas, this could not possible if a peaceful environment is not
available which is possible through the application of laws.
Therefore, there is a close relationship between the two.
 JURISPRUDENCE AND POLITICS
 Politics studies the principles responsible for the governmental
organization.
 Whereas, jurisprudence is analyzing those principles.

 Moreover, in a political society there exist rules for the regulation of

human being conduct which are the subject-matter of jurisprudence.
Hence, there is a close connection between the two.