What is Jurisprudence? Nature and Scope of Jurisprudence
What is Jurisprudence?The word 'jurisprudence' is derived from the Latin word "Jurisprudentia"
which is the combination of two terms i.e. 'Juris' means 'legal' and 'prudentia'
means 'knowledge'. So, etymologically Juris + Prudentia = Legal Knowledge Or
Knowledge Of Law.
In short, we also called it Philosophy of law and not the Law.
So, from the above definition, it is clear that Jurisprudence is not laws like
IPC, CRPC, CONTRACT etc. but it is the study of laws or philosophical aspects of
laws. It is neither made by parliaments nor the precedent nor the custom nor
usage but it is the study of all those philosophical aspects of laws.
In short, Jurisprudence can be termed as certain types of investigation into
laws and principles underlining laws.
It is pertinent to note that many students get confused with "LAW" and "THE
LAW". Jurisprudence is the knowledge of LAW and not the LAW.
The distinction between the two is that 'LAW' is the "PHILOSOPHICAL OF IT" while
'THE LAW' is the typical subjects like Contracts, Torts etc.
To Find Out Past Consideration Is Valid A Consideration For An Enforceable
Contract, One Needs To Refer To Section 25 Of ICA, 1872 And Find Out "The
Law" On This Point And Conclude That Past Consideration Is A Valid
Consideration In Indian Law Under ICA, 1872; But It Is Not So Under English Law.
Here we referred to section 25 as "THE LAW". But when we start investigating
that why is past consideration a valid consideration and why there is difference
between Indian and English law on this point. This INVESTIGATION is called
philosophical aspect of law and therefore "LAW" and not "THE LAW"
So, by referring to the above analysis and discussion, one can find out the
Jurisprudence is different from the other subjects of the law courses like
INDIAN CONTRACT ACT, 1872, TPA, 1882, IPC, 1860, CRPC, 1973 etc.
Another aspect of it is the analysis of legal concepts. We can conclude this
with the statement of JULIUS STONE that "JURISPRUDENCE IS LAWYER'S EXTRAVERSION"
i.e. lawyer's examination of the prospects, ideals and techniques of law in the
light of the prudentia of its philosophy.
Any suggestion or feedback shall highly be appreciated. Thank You!
Written By: Chandan Kumar - LL.B & LL.M, University of Delhi
Ph no: 8860818482
Law Article in India
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