Jurisprudence -1

LLB 5 A
Class 1 and 2
INSTRUCTOR: Amara Amir
Nature of Jurisprudence
 Introduction – Nature
1. It is an investigation of ABSTRACT- THEORETICAL and
GENERAL nature into LAW that AIMS to POINT OUT the
ESSENTIAL PRINCIPLES of LAW and LEGAL SYSTEM
2. It is DIFFERENT from OTHER LEGAL STUDIES------HOW
• It has no set and defined rules as in the case of statutes
(laws passed by legislature)
• It has no Practical Application
WHY SO……….????
 Jurisprudence and Other Legal Subjects
• Lets take the example of the Contract Law or the Tax
Law – whatever the opinion of the jurist may be onto
the subject, the laws will remain the same-
• The Law books i-e the statutes are void of opinion and
in Jurisprudence, the jurist looks at the philosophy of
Law , the logic and the reasoning behind the Legal
Principles ----in doing so, jurists may also differ from
one another
• 3. Jurisprudence REFLECTS on the NATURE OF
LEGAL RULES , the UNDERLYING MEANING OF
LEGAL CONCEPTS and the ESSENTIAL FEATURES OF
LEGAL SYSTEM
• For Example------In law we have a given situation
and we consult the relevant statute thereon
• Jurisprudence would look at the concept of state,
sovereign, rights, duties, wrong, punishment etc
• 4. Jurisprudence tells us WHAT IS IT FOR A RULE
TO BE A LEGAL RULE , and WHAT DISTINGUISHES
LAW FROM MORALITY, ETHICS and ETIQUETTE
• 5. It does NOT AIM to DISCOVER NEW RULES but
to reflect and concentrate on the already existing
rules
Literal Meaning of Jurisprudence
• The word Jurisprudence is derived from a Latin
expression JURIS PRUDENTIA which means skill
in the knowledge of law.
• It can be termed as Philosophy, Science, Study
and Application of Law
• Apart from the Common Literal Meaning,
Jurisprudence also means by the authority of
prudent expert…..
Modern Meaning
• Jurisprudence refers to the philosophy of Law or Legal
Theory which studies, not what the law is in a
particular jurisdiction say Pakistan or US but Law in
general i-e those attributes common to all Legal
Systems
• In this context Jurisprudence is divided into two parts
• ANALYTICAL---- what law is
• NORMATIVE ----what law ought to be
 Definitions
• AUSTIN
• The view of Austin is that the science of jurisprudence is
concerned with positive law
• What is positive law as per Austin ???
• Law laid down by a political superior for controlling the
conduct of those subjects subordinate to his authority
• In his view Jurisprudence has nothing to do with
goodness or badness of law
Analysis- Division of the subject by Austin
• General
• Particular

• HOLLAND
• The formal science of Positive Law
What is Positive Law ???
• General Rule of external human action enforced by a
sovereign political authority
• Analysis…. Holland’s definition
• Holland follows Austin’s definition but makes an
addition of formal science …. Formal Science
describes only the form or the external side of the
subject and not its internal contents
• Jurisprudence is not concerned with actual material
content but with its foundational concepts
SALMOND
Jurisprudence is the science of Law, Law of the land or
Civil Law
• Analysis --Division of the subject
• General
• Specific
Generic Sense
• Jurisprudence includes the entire body of Legal
Doctrines
• Expository
• Legal History
• Science of Legislation
EXPOSITORY – SYSTEMATIC JURIS
• It deals with the content of an actual legal system as
existing at any time
• Legal History
• Legal History is concerned with a legal system in the
process of legal development
• Science of Legislation
• The purpose is to set forth law as it ought to be eg the
ideal of Legal System – purpose of existence
• Specific Sense
• Jurisprudence deals with a particular department of
these doctrines
• Analytical, Historical and Ethical