1. Explain the Nature and value of Jurisprudence.
2.
‘Jurisprudence is the precipitation of values and articulation of the
needs of ages and eras’– analyze and examine.
3.
It is
said that the word ‘Jurisprudence’ has meant many different things at different
times. State your views on this matter.
Introduction:
The word ‘Jurisprudence’ has been derived from the Latin word ‘jurisprudentia’, which in its widest
sense means ‘knowledge of law’. The Latin word ‘juris’ means law, and ‘prudentia’
means skill or knowledge. Thus, jurisprudence signifies knowledge of law and
its application. In this sense it covers the whole body of legal principles in
the world. The history of this concept of law reveals that jurisprudence has
assumed different meanings at different times. It is therefore difficult to
attempt a singular definition of this term. It has a long history of evolution
beginning from the classical Greek period to the 21st century modern
jurisprudence with numerous changes in its nature in various stages of its
evolution.
Meaning: Jurisprudence in its limited sense means elucidation of the general
principles upon which actual rules
of law are based. It is concerned with rules of external conduct which persons
are constrained to obey. Therefore, etymologically jurisprudence is that
science which imparts to us the knowledge about law. ‘Law’ of course is a term
of various connotations, for example there are various branches of law
prevalent in a modern State such as contracts, torts, crimes, property etc and
in jurisprudence we have to study the basic principles of each of these
branches, we’re not concerned with detailed rules of these laws.
In yet another sense, jurisprudence may be regarded as the philosophy of
law dealing with the nature and function of law. This approach to jurisprudence
is receiving primacy in modern times keeping in view the rapid social changes
taking place all around the world in recent years. This approach has been
termed as ‘functional jurisprudence’, the thrust being on inter-relationship
between law and justice.
Definitions: The term ‘jurisprudence’ has meant different things at different times.
The variation is due to the
different methods of inquiry and approach to the study of the subject. Thus
though it is impossible to give an exact definition of jurisprudence, several
scientists have attempted to explain what they believe is jurisprudence.
Professor Gray has opined that, “jurisprudence is the science of law,
the statement and systematic arrangement of the rules followed by the courts
and the principals involved in those rules.”
Salmond defines jurisprudence as
the “Science of the first principles of the civil law.”
Scope of Jurisprudence: It is generally believed that the scope of jurisprudence cannot be circumscribed. Broadly speaking,
jurisprudence includes all concepts of human order and human conduct in State
and society.
Jurisprudence involves certain types of investigation into law; an
investigation of an abstract, general and theoretical nature which seeks to lay
bare the essential principles of law and legal systems.
Salmond observed, “In jurisprudence we are not concerned to derive rules
from authority and apply them to the problem, we are concerned rather to
reflect on the nature of legal rules, on the underlying meaning of legal
concepts and on the essential feature of the legal system.
Thus, whereas in law we look for the rule relevant to a given situation,
in jurisprudence we ask, what is it for a rule to be a legal rule, and what
distinguishes law from morality, etiquette and other related phenomenon.
Therefore, it can be concluded that jurisprudence comprises of philosophy of
law and its object is not to discover new rules but to reflect on the rules
already known.
Purpose of Jurisprudence
It is essential for a lawyer, in his practical work, to have knowledge
of jurisprudence. Such a study • Serves to train the mind into legal ways of
thought • Affords a key to the solution of many provisions of civil law, which
would otherwise appear to be singular and unaccountable.
Without such knowledge, no lawyer, however eminent, can really measure
the meaning of the assumptions upon which his subject rests.
Uses and Value of Jurisprudence
There is a general confusion about practical utility of jurisprudence as
a subject. It is often alleged that jurisprudence being an abstract and
theoretical subject, is devoid of any practical utility. However this view is
narrow-minded and incorrect. Just as a mathematician investigates number theory
not with the aim of seeing his findings put to practical use but by reason of
the fascination which it holds for him, likewise the writer on jurisprudence
may be impelled to his subject by its intrinsic interest.
Jurisprudence is not without practical value as well. It has been
rightly said that Jurisprudence is the ‘eye of the law’. It seeks to
rationalize the concepts of law, which enable us to solve the different
problems involving intricacies of law. In other words, it serves to render the
complexities of law more manageable and rationale and in this way it can help
improve practice in the field of law.
That apart, jurisprudence also has great educational value. The logical
analysis of legal concepts widens the outlook of lawyers and sharpens their
logical technique. It helps in rationalizing the thinking of students and
prepares them for an upright civil life. It also helps judges and lawyers in
ascertaining the true meaning of laws passed by the Legislature by providing
the rules of interpretation. It furnishes them with an opportunity to pinpoint
the shortcomings and defects in the laws framed by the legislature and
improvise them through their judicial interpretation.
Law also has to take note of the needs of society and of the advances in
the related and relevant disciplines such as sociology, economics, philosophy
etc. It is not the form of law but the social function of law which has
relevance in modern jurisprudence.
Conclusion: Jurisprudence deals with law from the philosophical point of view, and
is therefore sometimes described as
an abstract subject. This is however a misconception. Jurisprudence does have
multifarious practical applications inasmuch as it may be said to be the
foundation of all branches of law.
