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BA-LL.B Vth Sem.

Jurisprudence-I
(Legal Theory)
(BL-5005)
Introduction: -
Jurisprudence is the very important subject. It is the main base of the Law. jurisprudence is
the study of [Link] has been divided into two part, first part is legal theory and
the second part is legal [Link] is as aphilosophy, science, history, and
sociology etc. The word jurisprudence has been derived from the Latin word
“Jurisprudentia”,which means “Knowledge of law”, jurisprudence made up of two word
“juris” and “prudentia”.The Latin word juris means “Law” and Prudentia means
“Knowledge”.There for jurisprudence means “knowledge of law”. Jurisprudence is like a
mirror whose shows the provision of the law1.
Jurisprudence =Juris +Prudentia

Law + Knowledge
Jurisprudence = The Knowledge of Law
The Latin expression, juris prudentia, means either “knowledge of” or “skill in law”2
Summary: - In this content we discuss the following point:-
 Some important definition.
 Nature of jurisprudence
 Kinds of jurisprudence
 Scope of jurisprudence
 Importance of jurisprudence
 Conclusion
Definition:-
John Austin :-Jurisprudence is the philosophy of positive law.
Ulpian:-Jurisprudence as “the observationof things human and divine ,the knowledge of
the just and the unjust.”
Cicero :-Jurisprudence is the philosophical aspect of knowledge of law3.
Dr. Allen :-Jurisprudence as “The scientific synthesis of the essential principles of law”

1
1 Paranjape. Dr.N.V, Studies In Jurisprudence & Legal Theory, Central Law Agency Allahabad, 9 th Edition,2019,P.1
2 Dias, Jurisprudence, Lexis Nexis, Vth Edition, 2013, P.3
3Dhyani Prof. S.N., Jurisprudence Indian Legal Theory, Central Law Agency, Allahabad,5th Edition, 2019,P.9
 Holland :-Jurisprudence as “The formal science of positive law”.
Salmond :-Jurisprudence as “The science of the first principles of the civil law.”
Keeton :-Jurisprudence isthe study and systematic arrangement of the general
principles of law.
Julius stone :- Jurisprudence is the lawyers extraversion.
Dharma under the Hindu Jurisprudence covers the province of religion,ethics and
philosophy.
Dharma means which is signified by a command,and lead to man‘s material and
spiritual salvation.
Gray :- Jurisprudence is the science of law,the statement and systematic arrangement
of the rules followed by the courts and the principles involved in those rules .
Roscoe Pound:-Jurisprudence is the science of social engineering.4
Nature of jurisprudence:-Jurisprudence is as a subject which differ in kind from other
subject .For the typical legal subject, that is contract or tort, consists of a set of rules and
principles to be derived from authoritative sources and applied to factual situations in order to
solve practical problems. Jurisprudence,on the contrary, does not constitute a set of rules,is
not derived from authority and is without practical problems. Jurisprudence is very widely
insubject-matterand treatment.5 Jurisprudence is the study of different legal concepts,like
Rights,Duties Title,Ownership,Possession,Legal Personality,Intention,Negligence [Link] we
can say,that it is a substantive law. It is not a [Link] in its nature is entirely a
different subject from other social [Link] nature is different from other subject. Some
jurist says that jurisprudence is as an art, as a science, as a philosophy and social [Link] is
a substantive law in [Link] the same way jurisprudence is concerned with the fundamental
principles of law and systematic and scientific study of their methods. 6
Elements of Jurisprudence-
1)Sources of law-It is true that the basic features of a legal system are mainly to be found in
its authoritative sources and the nature and working of the legal authority behind these
sources. The primary sources of law are Custom,Precedent and Legislation. The other sources
are Justice,equity,good conscience,professional and opinions etc.
2)Legal Concepts -Jurisprudence is the analysis of legal concepts such as rights,
duties,legalpersonality, ownership, possession, titles, property, obligations,negligence and the
related issues.

4
Pranjape Dr. N.V. , Studies in Jurisprudence & Legal Theory, Central Law Agency Allahabad, 9 th Edition 2019, P.6-7
5
Dwivedi Dr. S.P. ,Jurisprudence & Legal Theory, Central Law Publications, 6th Edition 2012,P.1
6
Gupta Dr. Radha, Juridprudence & Legal Theory, university Book House Pvt. Ltd., 4th Edition 2017, P.8
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3)Legal Theory -Legal Theory deals with law as it exists and functions in the society and the
methods by which it is made and enforced. It deals with the influence of law and social
opinion on each [Link],legal theory seeks to link law with other disciplines and pursue its
study in a wider social perspective. So we can say thatlegal theory is a very important part of
jurisprudence.7
Classification of jurisprudence :-
1) According to Austin :-
i)General Jurisprudence
ii) Particular Jurisprudence
2) According to Salmond :-
i)Analytical jurisprudence
ii)Historical jurisprudence
iii)Ethical jurisprudence
3)According to Bentham :-
i)Expository jurisprudence
ii)Censorial evaluative jurisprudence
4)Sociological jurisprudence
5) English jurisprudence and Continental jurisprudence
6)Comparative jurisprudence
7) Philosophical jurisprudence8
Scope ofjurisprudence: -It is study of political, social, economic and cultural ideas.
It is the study of man in relation to State and Society. we mainly study the nature of
law, definition, classification and other thing. It is the study of its source, purpose
and the nature of rights and duties,and how is developed the law, how origin the law,
what are the legal system.
As a Sociology Study of Society
As a History Study of Past Event
Jurisprudence As a Politics Study of The Government
As Economics Study of Wealth
Asa Ethics Science of Human Conduct/Behavior
As Psychology Study of Internal Conduct of Human beings
Importance of jurisprudence :-According to [Link] jurisprudence is the eye of law,
Jurisprudence is like a eye.

7
Pranjape Dr. N.V. , Studies in Jurisprudence & Legal Theory, Central Law Agency Allahabad, 9th Edition,P.11
8
Tripathi B.H. Mani, Jurisprudence The Legal Theory, Allahabad Law Agency,19th Edition, P.6
 Its comparison with the [Link] eyes are one of the most important parts of human
body,without eyeswe can neither to see nor to do [Link] is the reason, that
jurisprudence is the eye of [Link] is the functions for law in the same manner
as the eyes do in human body . 9
Jurisprudence is very important for every person, Judges, law student,Advocate,
teacher,[Link] is says“jurisprudence is a particular method of
study not of the law one particular country but of the general notions of law itself”.
1) It helps us in understanding the basic ideas and fundamental principles of
law in any given society.
2) It helps in the study of actual rules of law and in tracing out principles
underlying them.
3) It may also helpful to legislators.
4) It helps to the Judges and lawyers.
5)It helps us in proper understanding of legal terms and expressions
6) It helps [Link] in ascertaining the meaning of words and
expressions used in statutes.
7)It helps in understanding the meaning of law.
8) It is Inspired to us,to developed the society.
9) It helpsinterpretation of the law.
10) The study of jurisprudence is equally beneficial for the sociologists and
moralists.10
Conclusion: -Law is a social institution. A society may be described as an association
of people with a measure of permanence. 11 Jurisprudence is the bundle of different
legal provision. It is the study of the law, and law is the controlling machine for the
society. Law is the instrument of justice for the society, because law is the basic
requirement of the [Link] will not study the jurisprudence,we will never
understand the meaning of law. We study the basic principles of law in
jurisprudence, so we can say that jurisprudence has great educational value.
Exercise: -
[Link] is the meaning of jurisprudence?
Q2. Give some important definition of jurisprudence?
Q3. Define the jurisprudence? what are the kind of jurisprudence?
Q4. Explain the scope and importance of jurisprudence?

9
Prasad Anirudh, Principles of Jurisprudence , Eastern Book Company , Lucknow, 3rd Edition 2004,P.7
10
Tripathi B.H. Mani, Jurisprudence The Legal Theory, Allahabad Law Agency,19 th Edition, P.11
11
Dias, Jurisprudence, Lexis Nexis, 5th Edition, P.15
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[Link] is the Eye of law Discuss?

Compiled by
Smt. Sudeshna
Assistant Professor of Law
ILS, CCSU Campus Meerut
For further clarification you may reach us via
E-mail- sudeshcm@[Link]
Mob- 7409496868

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