Meaning of jurisprudence
The study of jurisprudence started with the Romans. The term Jurisprudence is derived from Latin word ‘Jurisprudentia‘ which means “Knowledge of Law” or “Skill of law”.
it cosiste two words “juris” and prudentia, juris means law and prudential mean knowledge, science or skill. Hence, jurisprudence signifies the knowledge or science of law and its application.
Jurisprudence is the study of law conducte in a logical and philosophical manner. It examines the nature of law, legal systems, legal rules, legal concepts, and legal institutions, offering a framework to understand the social, political, and cultural contexts in which law operates.
Definition of Jurisprudence
According to Ulpian:- Jurisprudence as “the observation of things divine and human, the science of just and unjust,” similar to the concept of DHARMA. Right and wrong
According to Sethna :- jurisprudence in the study of fundamental legal princples including their philosaphycal, Historical and sociological bases and analysis of legal concepts.
According to John Austin, jurisprudence is the science of positive law. He defines ‘jurisprudence’ as “the philosophy of positive law.
jurisprudence is not a moral philosophy but it is a scientific and systematic study of the existing, actual and positive law. Austin distinguishes jurisprudence from natural, ideal or moral law.
Criticism
Austin’s definition criticism by Salmond, Holland. And other jurists on the basis that it is not proper or appropriate to classify jurisprudence into general and particular categories.
Dr. K. C. Allen:- Jurisprudence is the scientific synthesis of all essential principles of law.
Holland Jurisprudence states, ” Jurisprudence is the formal science of positive law. He said that jurisprudence is not involve with the philosophy or morality of law, but rather with its formal structure and system. He believed that law should be studied as a science, with a focus on its internal logic and coherence.
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