How do you think the laws of our current world came about? What guides us to make this legislature and ensure that it is fair and just? Here is where the concept of jurisprudence comes into the picture. Let us understand the meaning and concept and definition of jurisprudence.
Definition of Jurisprudence
To understand the meaning and the definition of jurisprudence let us first see its etymology. The word ‘jurisprudence’ is the English derivation of the Latin word ‘jurisprudentia’. The translation of the word means the study, knowledge or skill with regards to the law.
Over the course of history, there have been many forms of the definition of jurisprudence. Romans liked to call it the observation of all things human, combined with the knowledge of the just and unjust. Salmond defines it as the science of the very first principles of civil law.
It is also known as the science or philosophy of positive law. There is no one correct definition of jurisprudence, all of these are correct in their own regard.
History of Jurisprudence
The concept of law and justice has its beginning in the era of ancient Rome and ancient India. And since these prehistoric times to today in the 21st century, it has evolved and grown through many stages.
Some of the first mentions of the concept of jurisprudence are found in ancient Indian texts known as the Dharmashastra texts. In these times there was a great belief in the concept of dharmas and morals.
Then in ancient Rome, the concepts developed further. They had forms of traditional law as we see today. Along with this, citizens also abided by a body of oral laws and customs and regulations.
The Roman empire leads to the rise of various schools of law. The practice of law became more advanced and academic.
Browse more Topics under Jurisprudence
- Norms and Normative system
- Schools of Jurisprudence – Analytical Positivism
- Schools of Jurisprudence – Natural Law
- Schools of Jurisprudence – Historical School
- Schools of Jurisprudence – Sociological school
- Schools of Jurisprudence – PIL
- Schools of Jurisprudence – Concept of Dharma
- Purpose of Law – Justice
- Purpose of Law – Meaning and Kinds
- Purpose of Law – Justice and Law approaches of different school
- Purpose of Law – Power of Supreme Court in case of Article 147
- Purpose of Law – Critical studies
- Purpose of Law – Feminist Jurisprudence
- Sources of Law – Legislation
- Sources of Law – Concept of Stare Decisis
- Sources of Law – Customs
- Sources of Law – Juristic Writings
- Sources of Law – Agreements
- Legal Rights – Rights kinds
- Legal Rights – Right duty Correlation
- Persons – Nature of Personality
- Status of Unborn, Minor, Lunatic drunk and dead person
- Corporate Personailty
- Persons – Dimensions of modern legal personality
- Legal personality of Non Human beings
- Kind of Possesions
- Kinds of Ownership
- Difference between Possesions and Ownership
Importance of the Study of Jurisprudence
The study of jurisprudence is not only limited to the development and evolution of law. The academics who study jurisprudence also make great contributions to the fields of other social sciences like the political and social fields. This leads to the overall development of society.
The study of jurisprudence also helps uncomplicate some of the concepts and complexities of the legal world. It makes them more manageable and rational and thus easier to understand. This can also lead to a more effective practice of law.
We often call jurisprudence the grammar of the law. It will help a lawyer the basic ideas and reasoning behind the written law. It helps them better understand the fundamentals of the law and help them figure out the actual rule of the law.
The lawyer and judges can use jurisprudence as a guide to correctly interpret certain laws that require interpretation. The study of jurisprudence does not serve only academic purposes. It will help lawyers and other practitioners in the practical world as well.
It sharpens their legal knowledge. Also, it trains the mind to find alternate routes and channels of thought in case of difficulty. The law can mean more than one thing, and this exploration is a direct effect of the study of jurisprudence.
Solved Question on Definition of Jurisprudence
Q: What are the two ways to study jurisprudence?
Ans: There are two approaches when it comes to the study and analysis of jurisprudence. They are,
- Empirical approach
- A priori approach