Nitin Gaurav Srivastava is teaching live on Unacademy Plus
Introduction to Jurisprudence
About Me Nitin Gaurav Srivastava Graduated from National Law University, Jodhpur Batch of 2015 Follow: unacademy.com/user/nitin.gaurav Rate, Review and Share
Law a dynamic Concept, changes with the evolution of society under different socio- economic and political conditions Difficult for a definition to get an all-head recognition Modern Jurisprudence trenches deeply in the fields of the social science and philosophy No universal and uniform definition of jurisprudence Jurisprudence = Jurisprudentia ie knowledge of Law Juris = Law and prudentia = Skill & Knowledge Jurisprudence in legal 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. In this context it covers the whole body of legal principles in the world
Bentham distinguished between study of law 'as it is' and 'as it ought be' and called them expositional and censorial jurisprudence respectively. In French, the word Jurisprudence refers to 'case law'. Jurisprudence in its limited sense, means elucidation of the general principles upon which actual rules of law based Jurisprudence examines the general principles of penal liability but it doesn't attempt to detail out the essentials of such offences. Ancient Concept of dharma, considered to be the best way to discipline ones mind in conducting themselves in the society
Definition of jurisprudence Ulpian, the great Roman Jurist defined it as " Knowledge of things divine and human, the science of right and wrong" There are some absolute right to which the law should conform and the jurist must know it. Paulms" Law is not to be deduced from the rule, but the rule from the Law" Jansini "That which is signified by a command, and leads to man's material and spiritual salvation" According to Yajnavalke, Vyavahara means those rules which determine the judicial proceedings or controversies. Thus Jurisprudence deals with the principles underlying the rule which applied in deciding the legal controversies judicially Julius Stone defined it as "Lawyer's extraversion". It is the lawyer's examination of the precepts, ideas, and techniques of the law in the light derived from present knowledge in discipline other than the law. Dias: " There is no proper meaning of the term jurisprudence. It deals with structure, uses and functioning of law and legal concepts" Keeton " Jurisprudence is the study and systematic arrangement of the general principles of law"
Patterson" Jurisprudence means a body of ordered knowledge which deals with a particular species of law. Gray opined that Jurisprudence is the science of law, the statement and systematic arrangement of rules followed by the courts and the principles involved in those rules. The great controversy today relates to the boundaries of Jurisprudence and the method it should employ. Hobbes book Elementiae philosophiae in chapter De Clive' deals with the nature of national law, political government and sovereignty Blackstone, an eminent Jurist of 18th century, made substantial contribution to the study of the science of law, but like his predecessors he confused law with 'justice' or what the law ought be. Later on Bentham and Austin gave jurisprudence a concrete shape through their pragmatic approach to law and its related concepts
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