Jurisprudence: Law, Philosophy, and Science Explored
Introduction to Jurisprudence
By Dr Pramod Kumar
What is Jurisprudence?
Jurisprudence---
Juris
+
Prudemtial
Juris
----Law
Prudentia
-Wisdom,
Knowledge,
Philosophy or
Science
What is Jurisprudence?
Literal Meaning:
•
Jurisprudence Means-
–
a) Wisdom of Law or
–
b) Knowledge of Law or
–
c) Philosophy of Law or
–
d) Science of Law
What is Jurisprudence?
•
Key terms in understanding definition of
Jurisprudence:
–
Science
–
Philosophy
–
Law
What is Jurisprudence?
•
Science:
–
Knowledge gained through a systematic study, is called
science
–
Systematic Study means, a study consisted of;
•
Hypothesis
•
Deduction
•
Experiment
•
Observation.
What is Jurisprudence?
•
Philosophy -
–
Derived from two Latin words
•
i) Philo-Means ‘Love’
•
Ii) Sophy-Means Wisdom or Knowledge
•
Knowledge gained through the application of
mind.
•
Examining the basic concepts such as ‘truth,
‘existence’, ‘soul’, hereinafter life’ and etc.
What is Jurisprudence?
•
Law:-
–
A set of rules and regulations that regulates
human behaviour in societies.
–
It determines human conduct and regulates it.
The subject-matter of Jurisprudence is Law
–
There are different types of Law and the jurists are
debating as to which type is the true subject-
matter of Jurisprudence.
What is Jurisprudence?
•
Law of Nature:-
•
i)Physical Law
–
Chemistry
–
Physics etc.
•
ii) Natural Law (Moral/Ethical Law)—Law as it Ought to
be(Philosophical Law)
–
Norms
–
Reason Based
•
Types of Law:-
–
i) God-made Law -----Law as it Ought to be(Philosophical Law)
•
Divine Law
–
Religious Law
–
Scriptures
What is Jurisprudence?
•
ii) Man-made Law------Positive Law (Law as it is)
–
i)Concrete Law
•
Real Law/Applicable Law
•
Statutes, Acts, Decisions
–
ii) Abstract Law
•
Fundamental Principles
•
General Notions
Definition of Jurisprudence
•
Definition of Jurisprudence
•
There is no uniform definition of Jurisprudence.
•
Definition By Eminent Jurists
•
Classical Concept
•
Roman Jurist Ulpian (170 AD - 228 AD):
–
“The observation of things, human and divine, the
knowledge of just and unjust.”
•
The first formal definition of jurisprudence.
•
In the contemporaneous socio-political setups he
had given the best definition.
Definition of Jurisprudence
•
John Austin (1790 AD - 1859 AD)
“
Jurisprudence is the Philosophy of Positive
Law.”
•
He lived in circumstances when Europe was
witnessing changes especially in Politics.
•
He separated the metaphysical controversy
from legal enterprise.
•
Criticism:
The terms “Philosophy” and
“Positive Law” are misleading.
Definition of Jurisprudence
•
Thomas Erskine Holland (1835 AD - 1926 AD)
:
“Jurisprudence is the formal science of
Positive Law.”
•
The criticism on the term “Philosophy” of
Austin definition led Holland to present this
definition.
•
It substituted “Philosophy” in Austin definition
by “Formal Science”.
•
“Formal” means fundamental legal principles.
Definition of Jurisprudence
•
Gray:
•
“The science of law, the statement and systematic
arrangement of the rules followed by the Courts and
the principles involved in those rules.”
•
Keeton:
–
“Jurisprudence is the study of the systematic
arrangement of the general principles of law.”
Definition of Jurisprudence
•
Salmond:
»
Jurisprudence is the “Science of Law”.
•
Stone:
–
It is nothing but the “lawyers extroversion”.
•
Bentham:
»
“Jurisprudence is an analysis of formal structure of law
and its concepts.”
Classification of Jurisprudence
•
Jurisprudence was classified by:
–
Jeremy Bentham
(Known as father of
Jurisprudence):-
•
Censorial Jurisprudence (Study of Law ‘as it ought to
be’)
•
Expositorial Jurisprudence(Study of Law ‘as it is’)
–
John Austin:-
•
General Jurisprudence(Study of Ethical Law-Law as it
ought to be)
•
Particular Jurisprudence(the Study of Positive Law-Law
‘as it is)
Relation of Jurisprudence with other
Social Science
•
Economics
•
Politics
•
Social Science
•
History
•
Sociology
•
Ethics
•
Psychology
Relation of Jurisprudence with other
Social Science
•
Jurisprudence -
Studies Law
–
Law is the set of rules regulating the conduct of
human beings living in a society
•
Politics-
Study of the Government
–
Government means the institution to administer
the affairs of the society
•
Relation: Both are contemplating on the
society
Relation of Jurisprudence with other
Social Science
•
Jurisprudence
- Law is regulating the external
conduct of human beings
•
But external conduct beings is depending on
internal conduct (e.g. intention, malice etc.)
•
Psychology-
– Study of internal conduct of human
beings
–
In other words it analyses the mental state of a
person at a given movement
•
Relation: Both are contemplating the mental
state of human.
Relation of Jurisprudence with other
Social Science
•
Jurisprudence-
– Studies Law
–
Deals with framed rules
–
All legal concepts are social oriented-
•
Economics-
Study of wealth
–
Not possible without having sound legal system.
–
Concentration of wealth in a society brings
prosperity for its members
•
Relation: Both are contemplating on the
social and economic well-being of people.
Relation of Jurisprudence with other
Social Science
•
Jurisprudence-
– Studies Law
–
Legal Concepts has arisen in a particular period
and then developed through ages
•
History -
– Study of the past events
–
Provides historical background behind legal
concepts.
•
Relation: Both contemplates history from
different perspectives Historical
Jurisprudence
Relation of Jurisprudence with other
Social Science
•
Jurisprudence-
–
Studies Law
–
All legal concepts are social oriented
•
Sociology
–
Study of society
–
Looks into the
•
social significance of law in society
•
Relation: Both contemplates on social structure
from different angles Sociological Jurisprudence
Relation of Jurisprudence with other
Social Science
•
Jurisprudence
–
Studies Law
–
Law aims at upgrading the social conditions
•
Social Work
–
The study as to welfare of the society
–
Through counseling services, health clinics,
recreation halls etc.
•
Relation: Both contemplates on up gradation
of social conditions of the community
Relation of Jurisprudence with other
Social Science
•
Jurisprudence-
•
– Studies Law
•
– Law aims at the positive behaviour of human beings
–
‘Is’ conduct.
•
Ethics
–
Science of human conduct
–
What should be human behaviour and an ideal human
behaviour
–
‘Ought’ conduct.
•
Relation:
Both contemplates on human conduct from
different angles Ethical Jurisprudence
•
THANK YOU
Explore the essence of jurisprudence through the intertwined realms of law, philosophy, and science. Delve into the meanings, key terms, and types of law, from natural to man-made, to understand the wisdom, knowledge, and regulations that govern human behavior in society.
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Presentation Transcript
Introduction to Jurisprudence By Dr Pramod Kumar
What is Jurisprudence? Jurisprudence---Juris+Prudemtial Juris----Law Prudentia-Wisdom, Knowledge, Philosophy or Science
What is Jurisprudence? Literal Meaning: Jurisprudence Means- a) Wisdom of Law or b) Knowledge of Law or c) Philosophy of Law or d) Science of Law
What is Jurisprudence? Key terms in understanding definition of Jurisprudence: Science Philosophy Law
What is Jurisprudence? Science: Knowledge gained through a systematic study, is called science Systematic Study means, a study consisted of; Hypothesis Deduction Experiment Observation.
What is Jurisprudence? Philosophy - Derived from two Latin words i) Philo-Means Love Ii) Sophy-Means Wisdom or Knowledge Knowledge gained through the application of mind. Examining the basic concepts such as truth, existence , soul , hereinafter life and etc.
What is Jurisprudence? Law:- A set of rules and regulations that regulates human behaviour in societies. It determines human conduct and regulates it. The subject-matter of Jurisprudence is Law There are different types of Law and the jurists are debating as to which type is the true subject- matter of Jurisprudence.
What is Jurisprudence? Law of Nature:- i)Physical Law Chemistry Physics etc. ii) Natural Law (Moral/Ethical Law) Law as it Ought to be(Philosophical Law) Norms Reason Based Types of Law:- i) God-made Law -----Law as it Ought to be(Philosophical Law) Divine Law Religious Law Scriptures
What is Jurisprudence? ii) Man-made Law------Positive Law (Law as it is) i)Concrete Law Real Law/Applicable Law Statutes, Acts, Decisions ii) Abstract Law Fundamental Principles General Notions
Definition of Jurisprudence Definition of Jurisprudence There is no uniform definition of Jurisprudence. Definition By Eminent Jurists Classical Concept Roman Jurist Ulpian (170 AD - 228 AD): The observation of things, human and divine, the knowledge of just and unjust. The first formal definition of jurisprudence. In the contemporaneous socio-political setups he had given the best definition.
Definition of Jurisprudence John Jurisprudence is the Philosophy of Positive Law. He lived in circumstances when Europe was witnessing changes especially in Politics. He separated the metaphysical controversy from legal enterprise. Criticism: The terms Positive Law are misleading. Austin (1790 AD - 1859 AD) Philosophy and
Definition of Jurisprudence Thomas Erskine Holland (1835 AD - 1926 AD): Jurisprudence is the formal science of Positive Law. The criticism on the term Philosophy of Austin definition led Holland to present this definition. It substituted Philosophy in Austin definition by Formal Science . Formal means fundamental legal principles.
Definition of Jurisprudence Gray: The science of law, the statement and systematic arrangement of the rules followed by the Courts and the principles involved in those rules. Keeton: Jurisprudence is the study of the systematic arrangement of the general principles of law.
Definition of Jurisprudence Salmond: Jurisprudence is the Science of Law . Stone: It is nothing but the lawyers extroversion . Bentham: Jurisprudence is an analysis of formal structure of law and its concepts.
Classification of Jurisprudence Jurisprudence was classified by: Jeremy Bentham Jurisprudence):- Censorial Jurisprudence (Study of Law as it ought to be ) Expositorial Jurisprudence(Study of Law as it is ) John Austin:- General Jurisprudence(Study of Ethical Law-Law as it ought to be) Particular Jurisprudence(the Study of Positive Law-Law as it is) (Known as father of
Relation of Jurisprudence with other Social Science Economics Politics Social Science History Sociology Ethics Psychology
Relation of Jurisprudence with other Social Science Jurisprudence -Studies Law Law is the set of rules regulating the conduct of human beings living in a society Politics- Study of the Government Government means the institution to administer the affairs of the society Relation: Both are contemplating on the society
Relation of Jurisprudence with other Social Science Jurisprudence- Law is regulating the external conduct of human beings But external conduct beings is depending on internal conduct (e.g. intention, malice etc.) Psychology- Study of internal conduct of human beings In other words it analyses the mental state of a person at a given movement Relation: Both are contemplating the mental state of human.
Relation of Jurisprudence with other Social Science Jurisprudence- Studies Law Deals with framed rules All legal concepts are social oriented- Economics- Study of wealth Not possible without having sound legal system. Concentration of wealth in a society brings prosperity for its members Relation: Both are contemplating on the social and economic well-being of people.
Relation of Jurisprudence with other Social Science Jurisprudence- Studies Law Legal Concepts has arisen in a particular period and then developed through ages History - Study of the past events Provides historical background concepts. Relation: Both contemplates history from different perspectives Jurisprudence behind legal Historical
Relation of Jurisprudence with other Social Science Jurisprudence- Studies Law All legal concepts are social oriented Sociology Study of society Looks into the social significance of law in society Relation: Both contemplates on social structure from different angles Sociological Jurisprudence
Relation of Jurisprudence with other Social Science Jurisprudence Studies Law Law aims at upgrading the social conditions Social Work The study as to welfare of the society Through counseling services, health clinics, recreation halls etc. Relation: Both contemplates on up gradation of social conditions of the community
Relation of Jurisprudence with other Social Science Jurisprudence- Studies Law Law aims at the positive behaviour of human beings Is conduct. Ethics Science of human conduct What should be human behaviour and an ideal human behaviour Ought conduct. Relation: Both contemplates on human conduct from different angles Ethical Jurisprudence
