INTRODUCTION TO JURISPRUDENCE

JURISPRUDENCE- II COURSE INSTRUCTOR: M. NADEEM QURESHI

 SIGNIFICANCE AND UTILITY OF JURISPRUDENCE
Following are the views of two prominent jurists:
1. Dr. M.J. Sethna’s View:
“The value of jurisprudence lies in meaning the consequences of law and
administration on social welfare and suggesting changes for the betterment
of superstructure of law.’
2. Prof. R. W. M. Dias View:
“The study of jurisprudence is an opportunity for the lawyer to bring theory
and like into focus, for it concerns human thought in relation to social
existence. Teachers of law hope to encourage. Their pupils to learn how to
think rather than what to know and jurisprudence is peculiarly suited to this
end.”

JURISPRUDENCE- II COURSE INSTRUCTOR: M. NADEEM QURESHI

 SIGNIFICANCE AND UTILITY OF JURISPRUDENCE

• Conclusion:
It is as natural to speculate on the nature of law as on the nature of light.
Researchers in jurisprudence may have repercussions on the whole of legal,
political and social thoughts.

JURISPRUDENCE- II COURSE INSTRUCTOR: M. NADEEM QURESHI

 SIGNIFICANCE AND UTILITY OF JURISPRUDENCE
PRACTICAL VALUE:
Progress in science and mathematics has been largely due to increasing
generalization which has unified branches of study previously distinct,
simplified the task of both scientist and mathematician and enabled them to
solve by one technique a whole variety of different problems. Generality can
also mean improvement in law. The English law relating to negligence has
progressed from a host of a individual rules about particular types of situations
to a general principle. One of the tasks of jurisprudence is to construct and
elucidate concepts serving to render the complexities of law more manageable
and more rational. In this way, theory can help to improve practice.

JURISPRUDENCE- II COURSE INSTRUCTOR: M. NADEEM QURESHI

 SIGNIFICANCE AND UTILITY OF JURISPRUDENCE
• EDUCATIONAL VALUE:
The logical analysis of legal concepts sharpens the logical technique of the
lawyer. The study of jurisprudence can also help to combat the lawyers
occupational view of formalism which leads to excessive concentration on
legal rules for their own sake and disregard of the social function of law. Law
is to be put in its proper context by considering the needs of society and by
taking note of the advances in related and relevant disciplines.

JURISPRUDENCE- II COURSE INSTRUCTOR: M. NADEEM QURESHI

 JURISPRUDENCE IS ALSO “THE EYE OF LAW”
• It functions for law in the same manner as the eyes do in human body. It
cannot be done without the help of jurisprudence. Significantly the main
function of jurisprudence is to study the origin of law, its development and
its contribution towards society. It is the well known saying that,
“Ignorance of law is no excuse”. To know the correct basic principle of law
a person should understand the legal conceptions and knowledge of law
therefore, jurisprudence, having so much importance for the society, has
rightly been called the eye of law.

JURISPRUDENCE- II COURSE INSTRUCTOR: M. NADEEM QURESHI

 JURISPRUDENCE – A SOCIAL SCIENCE
• There are many social sciences, jurisprudence being one of them, the
object of which is to study relations of men living together in an organized
society. The other social sciences are sociology, ethics, psychology,
economics and politics. As a social science jurisprudence studies relations
of man to society and to his fellow men in so far as those relations are
regulated by law.

JURISPRUDENCE- II COURSE INSTRUCTOR: M. NADEEM QURESHI

 JURISPRUDENCE- RELATION WITH OTHER SOCIAL SCIENCES
The relation of jurisprudence with other social sciences are stated below:
1. JURISPRUDENCE AND ETHICS:
Ethics has been defined as the science of human conduct. It deals with how
men behave and what should be the ideal human behavior. Especially ethical
jurisprudence examines the actual or existing law to bring it in consonance
with the requirements of public conscience.
2. JURISPRUDENCE AND PSYCHOLOGY:
Psychology has been defined as the science of mind and behavior. It is well
established now that no human science can be discussed properly without a
thorough knowledge of the human mind.

JURISPRUDENCE- II COURSE INSTRUCTOR: M. NADEEM QURESHI

JURISPRUDENCE- RELATION WITH OTHER SOCIAL SCIENCES
3. JURISPRUDENCE AND HISTORY:
History studies past events in their different perspectives. The relation
between jurisprudence and history is so close is so close that there is a
separate historical school of jurisprudence. History furnishes the background
in which a correct idea of jurisprudence can be realized.
4. JURISPRUDENCE AND POLITICS:
Politics deals with the principles governing governmental organization. In a
politically organized society, there exists regulations which may be called
laws and they lay down authoritatively what man may do and what they may
not do.

JURISPRUDENCE- II COURSE INSTRUCTOR: M. NADEEM QURESHI

 JURISPRUDENCE- RELATION WITH OTHER SOCIAL
SCIENCES
5. JURISPRUDENCE AND ECONOMICS:
Jurisprudence teaches the legislators how to make good laws for promoting
the economics and social welfare of the people. Labor laws are an example
of social welfare.

JURISPRUDENCE- II COURSE INSTRUCTOR: M. NADEEM QURESHI

 JURISPRUDENCE FOR PAKISTAN
This is the discipline that determines the meaning of justice in a society,
the standards that judges use in deciding cases, the just principles
followed by the legislature to make laws, the sources from which the
content of the law is to be derived. by the legislature, the manner in
which the criminal justice system works, the reasons and limits in which
punishment can go in a society, along with the host of other important
matters. The subject cannot be neglected, otherwise the lack of
knowledge of these important issues, will be reflected in the work of the
legal profession and the judiciary.

JURISPRUDENCE- II COURSE INSTRUCTOR: M. NADEEM QURESHI

 JURISPRUDENCE FOR PAKISTAN
Pakistan must develop its own jurisprudence and should not depend on
western ideas alone, especially British, for understanding its legal system.
Developing our own jurisprudence means that we should start thinking in
terms of how our own system works, what are its sources, how do the
legislators make laws, how do the judges interpret and apply this law, how is
our Constitution to be interpreted, and what purpose does law serve in our
society?

For example, we study the sources of law according to western concepts,

what about the Quran and the Sunnah? Are they not sources for law in
Pakistan?

JURISPRUDENCE- II COURSE INSTRUCTOR: M. NADEEM QURESHI

 JURISPRUDENCE FOR PAKISTAN
They must be studied as such within the subject of jurisprudence with
emphasis on the role they are actually playing within the legal system of
Pakistan. Examining them in an isolated way under the subject of Islamic
jurisprudence is not enough. It is time that the judiciary, the legal profession ,
and the law faculty in Pakistan started thinking about these issues. Ignoring
this subject, and not developing it in accordance with the needs of our unique
society, has forced us to have only one principle: “the law of necessity.”

JURISPRUDENCE- II COURSE INSTRUCTOR: M. NADEEM QURESHI

 THANKYOU

JURISPRUDENCE- II COURSE INSTRUCTOR: M. NADEEM QURESHI