THE LEGAL CRITIQUE

1.  Jurisprudence is a science of law.

Now the question arises that how jurisprudence is science so the answer is a systematic study of anything is science. then by analyzing this definition of science we concluded that jurisprudence is the systematic study of law.

In other words jurisprudence is a formal science .It is a legal philosophy.jurisprudence is the grammar of law.

Jurisprudence is a RAGBAG of legal speculation. any question whatever maybe numbers relating to the law can be found or answered in the study of jurisprudence.

Jurisprudence is the science of law .jurisprudence is the eye of law. Jurisprudence is the key to open the minds of lawyers and judges.

Jurisprudence does not give the knowledge of law but it give the knowledge about the law.it sharpens the the mind to understand the legal concepts. It is the tool to have knowledge about the law.

DEFINITION OF JURISPRUDENCE

The study of jurisprudence started with Romans. The Latin equivalent of jurisprudence is jurisprudencia in which Juris means law and Prudencia means the skill or knowledge.

The term jurisprudence was first defined by the great Roman philosopher ULPIAN.

According to ULPIAN, “Jurisprudence is the study of things, human and divine. It is the science of just and unjust “

The definition given by roman jurist is vague and inadequate but they put forth the idea of legal science independent of actual institutions of particular society.

According to JOHN AUSTIN, “Jurisprudence is the science of positive law”.

Austin divided the subject into general and particular jurisprudence. General jurisprudence includes such subjects or ends of the law as are common to all systems while particular jurisprudence is confirmed only to study any actual system of law or any portion of it.

Austin’s classification of jurisprudence into general and particular jurisprudence has been criticised by Salmond , Holland and other jurists. The main contention in rejecting the classification of Austin is based upon it’s impracticability.

According to HOLLAND,” Jurisprudence is the formal science of positive law.” The term positive law has been defined by Holland as ” the general rule of external human action enforced by a sovereign political authority.”

Holland follows the definition of Austin but he adds the term formal which means “that which concerns only the form and not its essence.

Many eminent jurists have criticized the view of Holland.

According to GRAY,” Jurisprudence is in truth, no more a formal science than physiology. As bones and muscles and nerves are the subject matter of physiology, so the acts and forbearances of men and the events which happen to them are the subject matter of jurisprudence and physiology could as well dispense with former as jurisprudence with later.”

According to C.K.ALLEN,” Jurisprudence is the scientific synthesis of the fundamental principles of law “.

According to KELSEN,” JURISPRUDENCE is a normative science.”

Jurisprudence is the synthetic study of norms that are recognized by the state.

According to SALMOND,” JURISPRUDENCE is the science of first principles of civil law.

Here first principles means the basic principles of civil law.

# Civil law is a body of rules recognized by the state and applied by the state in the administration of justice.

# That court which does Justice on the basis of civil law of the state is the civil court.

Salmon’s makes a distinction between the use of the term jurisprudence in the generic and specific sense generic jurisprudence includes the entire body of legal doctrines whereas specific jurisprudence deals with particular department of those doctrine.T

Taking the word jurisprudence in its “specific sense “, Salmond has divided the subject into these branches viz. Analytical, Historical, and Ethical jurisprudence.

It is submitted that although Salmond tried to demarcate the boundary of the subject very clearly, he failed to give an accurate and scientific definition .

According to G.W. PATON,” Jurisprudence is a particular method of study not of the law of one country, but the general notion of law itself. It is the study relating to law.

According to CLARK,” Jurisprudence is the science of law in general .It gives general ideas , conception & fundamental principles on which all or most of the systems of laws of the world are based “.

According to DIAS,” Any writing, thought relating to the law is jurisprudence”.

# BOOK of JERMY BENTHAM – The limits of jurisprudence defined.

# Book of H.L.A. HART “, of the law in general .