It is an analytical science rather than a material science. Holland’s Definition– Jurisprudence means the formal science of positive laws. He said that it is only the material which is particular and not the science itself. This is not always true as there could be concepts that fall in neither of the two categories. He said that for a concept to fall within the category of ‘General Jurisprudence’, it should be common in various systems of law. Particular Jurisprudence– It is the science of any actual system of law or any portion of it.īasically, in essence they are same but in scope they are different.General Jurisprudence– It includes such subjects or ends of law as are common to all system.It has nothing to do with the goodness or badness of law. Jurisprudence is nothing but the science of law.Īustin– He said that “Science of Jurisprudence is concerned with Positive Laws that is laws strictly so called. Law is made by the State so there could be nothing good or bad about it. Thus, we see that there can be no goodness or badness in law. He further said that it is a lawyer’s examination of the percept, ideas and techniques of law in the light derived from present knowledge in disciplines other than the law. He said that it is a lawyer’s extraversion. Stone also tried to define Jurisprudence.The structure of English Legal System remained with the formal analysis of law (Expositorial) and never became what it ought to be (Censorial). However, Austin stuck to the idea that law is command of sovereign. Examination of Law as it ought to be- Censorial Approach– Morality of Law.Examination of Law as it is- Expositorial Approach– Command of Sovereign.Austin took his work further.īentham was the first one to analyse what is law. Bentham is known as Father of Jurisprudence. Most of our law has been taken from Common Law System. Jurisprudence– Latin word ‘Jurisprudentia’– Knowledge of Law or Skill in Law. It is believed that Romans were the first who started to study what is law. When an author talks about political conditions of his society, it reflects that condition of law prevailing at that time in that particular society. There is no universal or uniform definition of Jurisprudence since people have different ideologies and notions throughout the world.
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