Meaning , Scope and Kinds of Jurisprudence

Meaning of Jurisprudence:

The theory of jurisprudence has been around for fairly a long time. Both the Ancient Greeks and Romans believed the philosophy of law, and earlier societies possibly did as well. The word itself is resulting from a Latin phrase, juris prudentia, significance “the study, knowledge, or science of law.” Jurisprudence refers to the philosophy of law that is employed in analyzing, explaining, and classifying law. It embraces studies and theories from a range of disciplines such as history, sociology, political science, philosophy, psychology and even economics. Jurisprudence formulates legal relations, rights, and duties. It may undertake to classify law and to construct a system in which every rule of law may find an appropriate place. It may also attempt to classify all the relations that the law recognizes or creates and which it regulates or orders, that is, the relations of state and government to individuals and groups, and of individuals and groups to each other. It may even analyze the fundamental conceptions of the family, of property, and of succession. Many eminent jurists have tried to define jurisprudence some of them are mentioned below:

Definition of Jurisprudence:

It is difficult to give a universal and uniform definition of jurisprudence. The leading jurists have given following definitions:

i. Austin’s Definition:
Austin defines jurisprudence as "the philosophy of positive law" positive law means the law laid down by the political superior for controlling
the conduct of those subjects to his authority.

ii. Holland’s Definition of Jurisprudence:
Sir Thomas Erskine Holland defines jurisprudence as "The formal science of positive law".

iii. Salmond’s Definition of Jurisprudence:
Salmond defines Jurisprudence as " The Science of Law" by law he means the "Law of the land" or "Civil law".

iv. Definition of Jurisprudence at present scenario:
Jurisprudence is concerned with “the nature of law, its purposes, the means (institutional and conceptual) necessary to effectuate these purposes, the limits of the law’s efficacy, the relation of law to justice and morality and the modes by which law changes and grows historically.”

2. Scope and Importance of Jurisprudence

Scope:

There is no unanimity of opinion regarding the scope of jurisprudence. Different authorities attribute different meanings and varying premises to law and that causes difference of opinions with regards to the exact limits of the field covered by jurisprudence. In the early period, jurisprudence has been so defined as to cover moral and religious percepts also and that has created confusion. It was the Austin who distinguished law from morality and theology and restricted the term to the body of rules set and enforced by the sovereign or supreme law-making authority within the realm. So the scope of jurisprudence was limited to the study of the concept of positive law only. At present, there is a tendency to widen the scope of jurisprudence. The present view is that the scope of jurisprudence cannot be circumscribed or limited. It includes all concepts of human order and human conduct in state and society. In the view of P.B. Mukherji the new jurisprudence includes political social, economic and cultural ideas. It covers the study of man in relation to state and society. According to Lord Radcliffe, Jurisprudence is a part of history, a part of economics and sociology, a part of ethics and a philosophy of life.

Importance & Utility of Jurisprudence:

Jurisprudence has no practical applicability as such but that is not to say that it has no value: it is so closely linked to other disciplines that a jurisprudential enquiry could well result in changes in the way in which we understand other subjects and change our understanding of the nature of law itself. The educational value is that the study of jurisprudence can also help to combat the lawyer’s occupational view of formalism which leads to excessive concentration on legal rules for their own sake and disregard of the social function of law. The practical value or purposes of jurisprudence has been enumerated as under:

i. Remove the complexities of law: 
One of the tasks of jurisprudence is to construct concepts and make law more manageable and rational.
ii. Answers the new problems:
Jurisprudence can teach people to look around them and realize that answers to new legal problems must be found by a consideration of the present social needs and not in the wisdom of the past.
iii. Grammar of law:
Jurisprudence is the grammar of law and teaches the lawyers and the legislator's proper use of legal terms. It ensures homogeneity and accuracy in legal phraseology.
iv. Training of Mind:
Jurisprudence trains the mind to solve the difficult legal provisions in legal way.
v. Grasp on the subject:
It helps in knowing and grasping the language, grammar, the basis of treatment and assumption upon which subject rests.
vi. Useful in Art of pleading and legislation:
It helps legislators and the lawyer the proper use of legal terminology. It relieves them from creation of defining again and again certain expressions e.g. right, duty etc.
vii. To Interpret law:
It helps the judges and the lawyers in ascertaining the true meanings of the law passed by the legislatures by providing the rules of interpretation.
viii. To study foreign law:
It enables a lawyer to study foreign law because the fundamental principles are generally common to all systems of law.
ix. Importance under the light of different jurists:
a. By Dr. M.J. Sethna:
The value of jurisprudence lies in examining the consequences of law and its administration on social welfare and suggesting changes for the betterment of the superstructure of laws.
b. By M. Dias:
The study of jurisprudence is an opportunity for the lawyers to bring theory and life into focus, for it concerns human thought in relation to social existence.
3. Kinds of Jurisprudence

3 Kinds Of Jurisprudence:
I. Analytical
II. Historical
III. Ethical

I. Analytical Jurisprudence:
Analytical jurisprudence deals with the analysis of basic principles of law. It is not concerned with the past stages of its evolution. It is also not concerned with its goodness or badness. The purpose is to analyze and dissect the law of the land as it exists today.

(i) Jurists Related with Analytical School:
Jeremy bentham was the real founder of the English Analytical School. Later on Austin took over the analytical method. Other chief exponents are Sir William Markby. Amos, Holland, Salmond and prof. Hart.

(ii) Scope of Analytical Jurisprudence:
According to salmond, scope of analytical Jurisprudence lies as follows:

• Analysis of the concept of law.
• An examination of the relation between civil law and other forms of law.
• An analysis of the ideas of state, sovereignty and administration of justice.
• Study of sources of law.
• Investigation of the theory of legislation, judicial precedents and customary law.
• An inquiry into the scientific arrangement of law into distinct departments along with an analysis of distinctions on which the division is based.
• An analysis of the concept of legal right.
• An investigation of the theory of legal liability in civil and criminal cases.
• An examination of other relevant legal concepts.

(iii) Importance of Analytical Jurisprudence:
The analytical jurisprudence brought about precision in legal thinking. It provided us with clear, definite and scientific terminology. It deliberately excluded all external considerations that fall outside the scope of law.

II. Historical Jurisprudence:
Historical jurisprudence deals with the scientific study of evolution and development of principle of law. Historical jurisprudence is the history of the legal principles and conceptions of legal system.

(i) Jurists related with Historical jurisprudence:
Historical school was headed by savigny, montesqieu, rousseau etc..

(ii) Scope of Historical Jurisprudence:
The scope of historical jurisprudence is as under:

• It deals with law as it appears in its various form at its several stages of development.
• It deals with the origin and development of those legal conceptions and principles, which are so essential in their nature as to deserve a place in the philosophy of law.
• It seeks to show the conditions that gave rise to the legal conceptions, to trace their spread and development, and to point out those conditions and influences which modifying them in the varying course of their existence.

(iii) Importance of historical jurisprudence:
The contribution of historical school is that law cannot be understood without an appreciation of the Historical jurisprudence is a movement for fact against fancy, a call for a return form myth to reality.

III. Ethical jurisprudence:
Ethical jurisprudence deals with the law as it ought to be in an ideal state. It investigates the purpose of law and the measure and manner in which that purpose is fulfilled. It concerns itself with the relation of law to certain ideals which law is meant to achieve.

(i) Jurists related with Ethical Jurisprudence:
The chief exponents of ethical jurisprudence are Hobbes, Kant etc.

(ii) Scope of Ethical Jurisprudence:
According to salmond, a book of ethical jurisprudence may concern itself with all or any of the following matters:

• The concept of law
• The relation between law and justice
• The manner in which law fulfills its purpose of maintaining justice.
• The distinction between the sphere of justice as the subject matter of law the other branches of right with which law is not concerned and which pertain to morals exclusively.
• The ethical significance and validity of those legal concept and principles which are so fundamental in their nature as to be the proper subject-matter of analytical jurisprudence.

At present time, following are also regarded as different kinds of jurisprudence:
I. Sociological jurisprudence
II. American Realism
III. Comparative realism
IV. Comparative jurisprudence
V. Synthetic Jurisprudence