Jurisprudence

Author Topic: Jurisprudence  (Read 1057 times)

Offline AbdurRahim

  • Full Member
  • ***
  • Posts: 159
  • Test
    • View Profile
Jurisprudence
« on: July 13, 2015, 10:19:44 AM »
Definition of jurisprudence
It is too difficult to define jurisprudence uniformly and exclusively. There are lots of jurists who have defined it in their opinion and ideology. Basically the jurists define any matter according to their own view and the nature of society. However they have defined the term as follows:
Literal meaning: The study of jurisprudence is started with the Romans. It has come from the Latin world Jurisprudentia which is the arrangement of two words Juris+prudential. Juris means law and prudentia means knowledge or skill. Now the meaning is skill of law/ knowledge of law.
Jurists view:
Austin: Jurisprudence is the concern with the positive law
Holland: The formal science of positive law. It is a formal or analytical science rather than material science.
Salmond: The science of law. By law he means the law of the land or civil law.
Keeton: The study and systematic arrangement of the general principles of the law.
Importance /utility of jurisprudence
Though it has no practical utility like any other subject, it has a great value to understand the other subjects of law in using and applying the terms of those subjects. According to Salmond “it has its own intrinsic interest like other subject.”  However the main utilities are:
1.   Practical value:
2.   Educative value:
3.   Grammar of law:
4.   Eye of law
5.   Enlightening the students and helping in adjusting
6.   Explanation to other laws