Jurisprudence – Nature of Law – Law is a means by which the state maintains peace and order in the society by keeping proper control over the conduct, transactions and activities of human beings.
The study of methods as a separate branch of knowledge has been termed as ‘jurisprudence’. Under Jurisprudence, various aspects related to the definition, interpretation, nature and origin of law and its elements and purposes are studied.
Legal discipline has been considered as a continuously progressive study in the form of jurisprudence, the generality and practicality of which the thinkers have taken different points of view.
In the Alpian era, jurisprudence was considered a science of right and wrong. Whereas Samand recognized it as a science of civil law. The famous American jurist Rosco Pound has called it sociological engineering.
Where is jurisprudence known as ‘law of law’? The term Jurisprudence is derived from the combination of two Latin words Juris and Prudencia. The word ‘juris’ means ‘law’ while the word ‘prudence’ means knowledge. Thus jurisprudence means ‘knowledge of law’, but in reality it is not merely knowledge of law but systematic knowledge of law, so the famous jurist Samand described jurisprudence as ‘science of law’.
According to Moyle, the ultimate goal of jurisprudence is generally the same that of any other science. This is the reason why jurisprudence is said to be a subtle and deep system of legal principles.
Different jurists have given different definitions of jurisprudence, these are-
The famous Roman jurist Alapian in his treatise called ‘Digest’ has called jurisprudence as the science of right and wrong.
The famous philosopher Cicero has called jurisprudence as the ‘philosophical aspect of knowledge’.
Where Salmond called jurisprudence the science of the primary principles of applied law and the branch of practical knowledge.
The famous Anglo jurist John Austin has called jurisprudence a ‘philosophy of real law’. According to him, the real meaning of jurisprudence is the formal analysis of legal concepts.
Pro. Julius Stone has described jurisprudence as ‘lawer’s extraversion’. This means that the examination of the concepts, ideals and methods of law by advocates on the basis of other sources of existing knowledge, where the subject matter of jurisprudence can go.
Professor Julius Stone divided the subject matter of jurisprudence into three categories, namely analytical jurisprudence, functional jurisprudence and theories of justice.
Holland has described jurisprudence as the ‘formal science’ of real law. Holland’s view is that “jurisprudence is more concerned with human behavior governed by laws of law than with physical laws.”
According to Pro. Gray, jurisprudence is the science of law, under which the systematic and arranged rules to be applied by the court and the principles embodied therein are studied.
According to Professor Patton, Jurisprudence is the study of different types of law or law.
According to Allen, jurisprudence is the scientific analysis of the fundamental principles of law.
The famous jurist Lee is of the view that jurisprudence is a law which tries to ascertain the fundamental principles and whose expression is found in law.
Taking a historical approach to law, Vinogradoff has said in relation to jurisprudence that jurisprudence has its origins in the history of different nations from the differences found in their actual laws, the purpose of which is to discover the general principles contained in legal acts and judicial decisions.
Dean Rasco Pound, the pioneer of sociological jurisprudence, has laid special emphasis on the social aspect of jurisprudence. Therefore, considering jurisprudence as important, Rascopound has called it the science of the principle that establishes justice.
Different Types of Jurisprudence- Jurisprudence have divided Jurisprudence into different classes according to their own concept.
John Austin divided jurisprudence into general and specialized jurisprudence.
Salmond divided jurisprudence into three parts (analytical, historical, ethical branch).
According to Bentham, jurisprudence can be divided into two parts, explanatory and judgmental.