Lucknow College of Architecture, Lucknow

Final Year B. Arch. AR 1003 Development Legislation

UNIT1 JURISPRUDENCE AND LAW

Lecture 1 - Nature and Scope of Jurisprudence
- Prof. Mukul Singh *

What is Jurisprudence?
The study of Jurisprudence started with the Romans. The Latin equivalent of Jurisprudence is
Jurisprudentia which means either Knowledge of law or Skill in law.
Every jurist has his own notion of the subject-matter and, the proper limits of Jurisprudence
depend upon his ideology and the nature of society. The growth and development of law in
different countries has been under different social and political conditions. The word Law,
therefore, conveyed different meaning in different countries.
The word Jurisprudence is not generally used in other languages as in the English sense. In
French, it refers to something like Case Law. In England, the word Jurisprudence was in use
throughout the early formative period of the common law, but it meant little more than the skill
in or the study of law.
Paulus, a Roman jurist, maintained that the law is not to be deduced from the rule, but the
rule from the law.
Bentham distinguished - expository and censorial Jurisprudence as examination of the law
as it is and as it ought to be.
The word Jurisprudence has, during the last one century, come to mean in England -an analysis
of the formal structure of law and its concept, and, Jurisprudence today is the analysis of legal
concepts.
Julius stone describes Jurisprudence as the lawyers extraversion. -It is the Lawyers
examination of the precepts, ideals and techniques of law in the light derived from the present
knowledge in disciplines other than the law.
Austin divided the subject into General and Particular Jurisprudence. The field of General
Jurisprudence is a wider one. It takes its data from the systems of more than one State, while
Particular Jurisprudence takes its data from a particular system of law. Its principles are
coloured and shaped by the concrete details of a particular system. However, in both cases, the
subject of Jurisprudence is positive law.
The relation of General and Particular Jurisprudence may be shown by an example-
Possession is one of the fundamental legal concepts recognized by all systems of law. The
function of Jurisprudence is to explain its characteristics, its legal value, mode of its
acquisition and extinction. General Jurisprudence will analyse it without reference to any
particular legal system, but Particular Jurisprudence will do the same thing but with reference
to some particular system of law.
Sir Thomas Holland defines Jurisprudence as the formal science of positive law. It is a
formal or analytical science rather than a material science. The term positive law has been
defined by Holland as the general rule of external human action enforced by a sovereign
political authority.

*
Principal at Lucknow College of Architecture, Lucknow
 Salmond defines Jurisprudence as the science of law. By law he means the law of the land or
civil law. In that sense, Jurisprudence is of three kinds-
- Expository or systematic Jurisprudence, which deals with the contents of an actual legal
system as existing at any time.
- Legal history development. The purpose of the science of legislation is to.
- The Science of Legislation, which deals with ideal of legal system and the purpose for
which it exists.
He has, thus, made the division of subject in three branches, viz., analytical, historical and,
ethical jurisprudence. He makes a distinction between the use of the term Jurisprudence in the
Generic and Specific sense. Generic Jurisprudence includes the entire body of legal
doctrines whereas Specific Jurisprudence deals with a particular department of those doctrines.
Keeton considers Jurisprudence as the study and systematic arrangement of the general
principals of law.
Lee writes that Jurisprudence is a science which endeavours to ascertain the fundamental
principles of which law is the expression. It rests upon the law as established facts; but at the
same time it is a power in bringing law into a coherent system and in rendering all parts thereof
subservient to fixed principles of justice.
Significance and Utility of Jurisprudence
Just as a mathematician investigates the number theory not with the aim of seeing his findings
put a practical use but by reason of the fascination which it holds for him, likewise the writer
on Jurisprudence is impelled by its intrinsic interest.
-Jurisprudence also has practical value.
-Jurisprudence also has an educational value.
-Jurisprudence is often said to be the eye of law.
-It is the grammar of law.
-It throws light on the basic ideas and the fundamental principles of law.

By understanding the nature of law, its concepts and distinctions, a lawyer can find out the
actual rules of law. It also helps in knowing the language, grammar, the basis of treatment and
assumptions upon which subject rests.
A study of jurisprudence helps legislators by providing them a precise and unambiguous
terminology. It relieves them of the botheration of defining again and again in each Act certain
expression such as right, duty, possession, ownership, liability, negligence etc.
The study of jurisprudence enlightens students and helps them in adjusting themselves in
society without causing injuries to the interests of other citizens.
Relation of Jurisprudence with other Social Sciences
Different branches of knowledge are so inter-related that none of them can be studied in
isolation.
Jurisprudence and Sociology
Sociology has helped Jurisprudence in its approach to the problem of prison reforms and has
suggested ways and means of preventing social wrongs. It enables us to understand better the
evolution of law.
Jurisprudence and Psychology
Psychology has been defined as the science of mind and behaviour.
It is the duty of a law-giver to understand man and not to pass judgments and say what man
ought to do or ought not to do. Psychology can help the law maker considerable in the
approach to the problem of not only making the law but also of executing it. Jurisprudence is
concerned with mans external conduct and not his thoughts and mental processes, but
penology has benefited from the knowledge made available by psychological researches.
Jurisprudence and Ethics
Ethics has been defined as the science of human conduct. It deals with how man behaves and
what should be the ideal human behaviour. Ethics is concerned with good or proper human
conduct in light of the public opinion. Public opinion varies from place to place, from time to
time and, from people to people. Dr. Sethna writes- It changes in the social evolution, social
culture and social development. What may be a rule of good morality at one time may be a bad
morality today.
Jurisprudence is related to positive morality as far as law is concerned.
Jurisprudence and Economics
Economics studies mans efforts in satisfying his wants and producing and distributing wealth.
Economics is a science of wealth and Jurisprudence is a science of Law. There is a relationship
between two. Often economic factors are responsible for crime and these problems arise day to
day, and it is the duty of the law giver to tackle those problems. Both, Jurisprudence and the
Economics aim at the betterment of the lives of people.