JURISPRUDENCE in simple sense



MEANING OF THE JURISPRUDENCE
No uniform or universal definition of jurisprudence is found.

Every jurist has his own notion or opinion about subject matter. Proper limits of jurisprudence depend on his ideology and nature of society. Growth and development of law has been under different political and social condition. It also depends on the specific values and norms of a particular society because values and norms of the society differ with each other. This difference makes the makes thinking about law different. This notion finally reflects on the definition of law and the jurisprudence. The evolution of the society being of a dynamic nature the definition once given may not be acceptable for ever. New problems and new issues demand new solution and new interpretation under changed circumstances. However scientific invention has brought people closer and helps universalisation of the ideas and thoughts.

The word used for law in different country conveys different meaning. The word of one language may not have synonyms conveying the same meaning in other language. The word jurisprudence is not generally used in other language in English sense. In French it refers to something like case law.    

The idea of the study of jurisprudence started with Romans. The term jurisprudence seems to be derived from the Latin term Jurisprudentia   which means knowledge of law or skill in law.

In England the word jurisprudence was in use in early formative period of common law. It was not until the time of Bentham and Austin at the early 19th century the term jurisprudence acquired technical significance among English lawyers. Bentham distinguished examination of law as it is (expositorial and censorial jurisprudence). Austin mainly concerned with expository jurisprudence and his work mainly consists of the formal analysis of English law. Analytical exposition which was pioneered by Bentham and later developed by Austin Has dominated the English legal thought up to the modern times. Jurisprudence in England has meant exclusively formal analytical structure of law and its concept.

However, various jurists have attempted to define jurisprudence in their own ideological perspectives.

The knowledge of things divine and human, the knowledge of just & unjust

                                                                                                                            -Ulpian

The scientific synthesis of law’s essential principle

                                                                                     -Allen

The name given to a certain type of investigation into laws, an investigation of an abstract, general and theoretical nature, which seeks to lay bare the essential principles of law and legal system

                                                                                                                                                 -P.J Fitgerald

The lawyer’s examination of the percepts, ideals and techniques of the law in the light derived from the present knowledge in disciplines other than the law

                                                                                                                                                           -J. Stone

The sum total of the techniques of legal reasoning (analysis. Way of thinking)and of the general principles to be applied to individual cases

                                                                                                                                                  -Schumpeter

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