Introduction

The word “jurisprudence” is derived from a Latin word jurisprudentia, which in its widest sense, means ‘knowledge of law or skill in law’. The Latin word 'juris' means law and "prudentia" means skill or knowledge. Thus jurisprudence signifies knowledge of law and its application. In this sense it covers the whole body of legal principles in the world. The history of the concept of law reveals that jurisprudence has assumed different meanings at different times. It is therefore difficult to attempt a singular definition of the term.

Jurisprudence- Its meaning

Jurisprudence, in its limited sense, means elucidation of the general principles upon which actual rules of law are based. It is concerned with rules of external conduct which persons are constrained to obey. Therefore, etymologically jurisprudence is that science which imparts to us knowledge about “law”. In short, jurisprudence may be considered to be the study and systematic arrangement of the general principles of law.

In yet another sense, jurisprudence may be regarded as the philosophy of law dealing with the nature and function of law.

Definition of Jurisprudence

The term 'jurisprudence' has meant different things at different times. The variation is due to different methods of inquiry and approach to the study of the subject. It is for this reason that Julius Stone has described jurisprudence as "the lawyer's extraversion" meaning thereby that jurisprudence involves examination of precepts, ideals and techniques of the law by lawyer's in the light of disciplines other than the law.

The definition of jurisprudence as given by some of the eminent Jurists may be stated as follows:

Ulpian- Jurisprudence, in its etymological sense means 'knowledge of law'. Ulpian, the celebrated Roman jurist defined jurisprudence as “the observation of things human and divine, the knowledge of the just and the unjust”. This definition is too broad and has a wider connotation.

Cicero defines jurisprudence as the philosophical aspect of knowledge of law.

Gray- Professor Gray opined that "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." Thus, jurisprudence deals with that kind of law which consists of rules enforced by courts while administering justice. In other words, the laws of the jurist deal with man and seek to regulate external human conduct in the society. It does not concern itself with the inner beliefs of man imbibed in religious laws.

Salmond- Salmond defines jurisprudence as the "science of the first principles of civil law". Thus, he points out that jurisprudence deals with a particular species of law, namely, civil law or the law of the State. The civil law consists of rules applied by courts in the administration of justice. He agrees with Gray in upholding that jurisprudence is concerned with only jurist's law and is not concerned with the laws of theologian and moralist although they also govern the conduct of man in society.

John Austin- Austin calls jurisprudence as the "philosophy of positive law". He was the first jurist to make jurisprudence as a science. By the term "positive law" he meant 'jus positivum', that is law laid down by a political superior for commanding obedience from his subjects. Thus it is identical with civil law of Salmond. Austin pointed out that science of law is concerned with law as it is and not as it ought to be, which he considers as the science of legislation.

Roscoe Pound- According to Pound, jurisprudence is "the science of law using the term 'law' in the juridical sense, as denoting the body of principles recognised or enforced by public and regular tribunals in the administration of justice". He emphasized that there is an inevitable co-relationship between jurisprudence and other social sciences. Thus he opined that "jurisprudence, ethics, economics, politics and sociology are distinct enough as the core, but shade out into each other".

There are divergent views regarding the exact contents of jurisprudence. But it has been generally accepted that sources, legal concepts and legal theory constitute the main premises of the study of jurisprudence.

Contents of Jurisprudence

1. Sources- It is well known 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. Under this head matters such as custom, legislation, precedent as a source of law, pros and cons of codification of laws, methods of judicial interpretation, and reasoning, an inquiry into the administration of justice etc., are included for study.
2. Legal concepts- Another area which concerns jurisprudence is the analysis of legal concepts, such rights, property, ownership, possession, obligations, acts, negligence, legal personality and the related issues. Although all these concepts are equally studied in the ordinary branches of law, since each of them functions in several different branches of law, jurisprudence tries to bring out a more comprehensive picture of each concept as a whole. The study of these abstract legal concepts furnishes a background for better understanding of law in its various forms.
3. Legal Theory- Besides the sources and the forces operating behind them and various legal concepts, legal theory also constitutes one of the main components of jurisprudence. Legal theory is concerned with law as it exists and functions in the society, and manner in which law is created and enforced as also the influence of social opinion and law on each other. Thus, legal theory seeks to co-relate law with other disciplines such as religion, philosophy, ethics, politics etc. and pursue its study in a wider socio-legal perspective.

Utility of Jurisprudence

There is a general confusion about the practical utility of jurisprudence as a subject. It is often alleged that jurisprudence being an abstract and theoretical subject, is devoid of any practical utility.

• Jurisprudence seeks to rationalize the concepts of law which enable us to solve the different problems involving intricacies of law. In other words, it serves to render the complexities of law more manageable and in this way this can help to improve practice in the field of law.
• That apart, jurisprudence also has great educational value. The logical analysis of legal concepts widens the outlook of lawyers and sharpens their logical technique. It helps them in shedding aside their rigidity and formalism and trains them to concentrate on social realities and the functional aspects of law. It is not the form of law but the social function of law which has relevance in modern jurisprudence. Law has to take note of the needs of society and also of the advances in the related and relevant disciplines such as sociology, economics, philosophy, psychiatry etc.
• Jurisprudence throws light on the basic ideas and the fundamental principles of law in a given society. This is why it has been characterised as "the eye of law" by some jurists.
• Jurisprudence helps the judges and the lawyers in ascertaining the true meaning of the laws passed by the Legislature by providing the rules of interpretation. It also furnishes them the opportunity to pinpoint the lacunae, shortcomings and defects in the laws framed by the legislature and improvise them through their judicial interpretation.
• The study of jurisprudence helps in rationalising the thinking of the students and prepares them for an upright civil life. The knowledge of law and legal precepts also helps them to face exigencies of human life boldly and courageously.
• Jurisprudence may also be helpful to legislators who play a crucial role in the process of law-making. The study of jurisprudence may familiarise them with technicalities of law and legal precepts thus making their job fairly easy was also interesting.