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
Comments
Post a Comment