The Concept of Jurisprudence
Simply
saying, Jurisprudence is the soul of the law. As there is no existence of a human
being without a soul, similarly law also can’t exist without the concept of
jurisprudence. The word jurisprudence is derived from the old Latin maxim
‘Jurisprudentia’ in which ‘juris’ means law and ‘prudentia’ means knowledge
or skill of law. As a whole,
jurisprudence is the skill or knowledge of the law. Since jurisprudence is a
very important element of the existence of law, it is also known as the
science of law, philosophy of law, root of law, ground of law, the eye of the law, and the heart of the law, theory of law, etc.
Jurisprudence
involves the study of general theoretical questions about the nature of law and
legal systems and the relation of law with justice and morality. It is
concerned with the regulation of human conduct in accordance with the set values,
needs, and character as a science of law. It is the study of the theories and
principles on which a legal system is founded. It also studies about the origin
of law, the law-making process, general principles, and the nature of law.
Sir Jeremy
Bentham (1748-1832) is considered the father of jurisprudence. He says the law is an assemblage of sin declarative of violation conceived or adopted by
the sovereign in a state concerning the conduct to be observed in a certain case
by a certain person who in case, in question are or supposed to be subject to
his power.
There is no fixed, precise and universally accepted definition of Jurisprudence. Some
definition given by some famous jurists are as follows:
According
to Austin, “Jurisprudence is the philosophy of positive law.”
Austin
divides jurisprudence into two classes:
·
General Jurisprudence- Philosophy of positive law.
·
Particular Jurisprudence- Science of any such system
of positive law.
According
to Salmond, “Jurisprudence is the science of the first principle of
law.”
According
to Cicero, “Jurisprudence is the philosophical aspect of law.”
According
to Holland, “Jurisprudence is the formal science of positive law.”
According
to Allen, “Jurisprudence is the scientific synthesis of the essential
principle of law.”
According
to Clark, “Jurisprudence is the law of justice in general.”
According
to Keeton, “Jurisprudence is the study and systematic arrangement of
the general principles of law.”
Importance
of Jurisprudence
There is a
great importance of jurisprudence in the field of law and legal field. No
matter how it is defined, it directly studies the various social sciences
related to the study of law and draws conclusions about the law. Here is some
importance of jurisprudence:
·
Jurisprudence makes the analytical study of law.
·
Since every activity of human life is related to law,
jurisprudence studies various aspects of law, so it is important for the entire
human community.
·
The study of jurisprudence also helps uncomplicated
some of the concepts and complexities of the legal words.
·
Jurisprudence has an important place from the point of
view of social and legal justice as the administration of justice is conducted
by the use of the civil side.
·
It is important for the establishment of a modern
public welfare state as it analyzes, develops, and studies law.
Jurisprudence is the science
of studying law, we can conclude. All legal theories rely on jurisprudence, and
they cannot exist without it. Therefore, jurisprudence is referred to be the
origin of law. The most crucial topic for understanding law is jurisprudence.
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