Jurisprudence refers to the theoretical and philosophical study of law, deriving
from the Latin word "Jurisprudentia" where "juris" means law and "prudentia"
denotes forethought or knowledge. It encompasses the understanding and analysis
of legal principles, concepts, and theories, with a focus on the nature,
origins, purpose, and interpretation of law. While jurisprudence is generally
known to be a philosophical discipline that is distinct from empirical sciences,
such as physics, chemistry, or biology, there are some ways in which
jurisprudence and science can be related.
Jurisprudence, often referred to as the science of law, encompasses the
systematic study of fundamental legal concepts. It involves the application of
scientific methods, such as observation, hypothesis, experiment, and deduction,
to gain knowledge about the law. Additionally, jurisprudence helps to provide a
framework for understanding the social, political, and economic context in which
laws are created and applied, and how they impact individuals and society as a
whole.
Jurisprudence and its Relation to social sciences:
Jurisprudence often draws upon insights from social sciences, such as sociology,
psychology, anthropology, and economics, to understand the impact of law on
society and human behavior. For example, legal scholars may use social science
research to study how laws affect individuals and communities, how legal systems
evolve over time, and how legal decisions are influenced by societal norms and
values.
- Jurisprudence and sociology:
A French philosopher, August Comte believed that jurisprudence is an integral
part of sociology and that the law cannot be studied in isolation from other
social institutions and must be viewed in its social context. He defined
sociology as a positive science that deals with social facts. In his view, the
study of law should be guided by the principles of social science, and legal
systems should be analyzed in terms of their social functions and their impact
on society. Comte emphasized the importance of understanding the relationship
between law and society and believed that legal institutions and practices are
shaped by social, economic, and political factors.
As jurisprudence is concerned with the study of law, it must also take into
account the impact of law on society, including the social, cultural, and
economic factors that shape the development and application of legal systems.
This is because the law is applied to people and adapts to their changing needs.
Therefore, jurisprudence deals with the practical functioning of law in society.
The application of law relies on the social interactions and behaviours of
people within a society. Meaning that without the social interaction of people
in society, the law would remain merely a theoretical concept, devoid of any
practical use. For example, only when the people in the society socially
interact with each other and commit offences or crimes, the law comes into
place. Therefore, it is crucial to understand the changing needs and behaviour
patterns of individuals in society in order to develop laws that effectively
regulate and govern their conduct. This is where sociology comes into play, as
it helps to provide insights into social interactions and behaviours that can
help the development and application of the law.
Criminology is an interdisciplinary field that draws from both sociology and
law. It examines the motives, aims, and theories of punishment, as well as the
types of punishment, with the help of sociological insights. In this way,
criminology is an example of how sociology and jurisprudence intersect and
inform each other.
- Jurisprudence and economics:
The relationship between economics and jurisprudence was unrecognized for a long
time, but it became apparent to many jurists later. While economics deals with
concepts such as money, wealth distribution, and satisfying people's needs, the
law's purpose is to regulate people's lives through rules and regulations. A
good example is the GST Act which regulates the taxation of various economic
activities, such as the sale of goods and services, import and export of goods,
and supply of goods and services by e-commerce operators.
Money, or the desire for it, can be a motivating factor behind criminal
behavior. For instance, someone may commit theft or fraud in order to obtain
money or engage in cybercrime to steal personal or financial information for
monetary gain. The relationship between economics and jurisprudence can help to
understand the reasons behind such criminal activities and how to effectively
regulate and punish them through the legal system.
Economic theories such as the law of diminishing marginal utility can be applied
in the legal field to help understand human behavior and decision-making.
According to Alfred Marshall, the law of diminishing marginal utility is defined
as "The additional benefit which a person derives from a given increase in the
stock of a thing diminishes with every increase in the stock that he already
has"[1]. For example, this concept can be used to understand why someone's
satisfaction might decrease as his wants or needs increase. Risk, which is
another economic factor can be used to understand why someone might commit a
crime for financial gain even if it means taking a significant risk. By
understanding the underlying economic factors at play, legal professionals can
make more informed decisions and create more effective policies and regulations.
- Jurisprudence and political science:
Friedman in his book Legal Theory[2] emphasizes the interdisciplinary nature of
jurisprudence. On one end, jurisprudence is connected to philosophy, as legal
systems are built on fundamental principles and values. On the other end,
jurisprudence is linked to political theory, as laws and legal systems are
shaped by political institutions and government policies.
Political science and jurisprudence have a close relationship since legislators,
who are responsible for making and amending laws, are elected by the people for
whom the law is intended to govern. For example, the two houses of parliament,
comprising India's legislative body, are chosen by the people of India, implying
that the laws they enact ultimately reflect the desire and requirements of the
people.
They often overlap as they both study the organization and functioning of
society and the state. The state is a political entity responsible for creating
and enforcing laws, maintaining order, protecting individual rights, and
providing public goods and services. Jurisprudence concentrates on law and legal
systems, while political science examines the political system and government.
Overall, both fields work towards the betterment of society and the well-being
of its people through governance and regulation.
They often overlap as they both study the organization and functioning of
society and the state. The state is a political entity responsible for creating
and enforcing laws, maintaining order, protecting individual rights, and
providing public goods and services. Jurisprudence concentrates on law and legal
systems, while political science examines the political system and government.
Overall, both fields work towards the betterment of society and the well-being
of its people through governance and regulation.
- Jurisprudence and ethics:
Roscoe Pound, a legal scholar and jurist, argued that ethics and law have
different aims. Ethics is concerned with individual character development and
promoting virtuous behavior, while law is concerned with regulating social
behavior and maintaining social order. While the two are related, they are not
the same. Pound believed that developing a strong ethical foundation is
important, but the law is necessary to ensure just and orderly society.
Ethical standards are often subjective and may vary from person to person
depending on their beliefs and values. However, laws provide clear guidelines on
what actions are legal and illegal, regardless of individual opinions or
arguments.
Although many consider ethics and law to be separate concepts, they can also be
interconnected. Ethics is a science of human conduct while law regulates human
conduct. It can be used as a standard to ensure just and fair laws for the
betterment of the people in the society. Ethical behavior is fundamental to the
proper functioning of a legal system and the creation of just laws. When most
people in a society behave ethically, instances of misconduct and disagreements
are likely to decrease, creating a more stable and cohesive community. This
ensures peace, harmony, and coordination among the people.
For instance, in an ethical society, people know that stealing is wrong, so
fewer regulations and laws are needed to prevent it. However, in a society where
stealing is rampant, stricter laws and regulations are necessary to deter
individuals from engaging in such behavior. This demonstrates how ethical values
and principles can influence the creation and enforcement of laws, while the
legal system can promote ethical behavior in society.
- Jurisprudence and history
History plays a very important role in understanding the social and cultural
factors in which laws were created and applied, and how they have been
interpreted and enforced over time. It can provide insights into the values and
beliefs that were prevalent at earlier times and how they have evolved over
time, leading to changes in legal practices and regulations. It also helps in
identifying patterns and trends in the legal system and how they have influenced
the development of society as a whole. Since most misconducts are committed by
people, a similarity in the acts or pattern of behaviour could be ascertained by
observing history.
To take an example, The Dowry Prohibition Act, 1961 in India was enacted to
prevent the practice of dowry, which has been a cultural practice in India,
prevalent for many centuries. The Act was a response to the historical and
social context in which dowry was seen as a social evil and a major cause of
violence against women.
- Jurisprudence and history
History is crucial in understanding the social and cultural aspects that
influenced the creation and application of laws, as well as how they have been
understood and enforced over time. It can provide insights into past attitudes
and beliefs and how they have evolved over time, resulting in changes in legal
practices and rules. It also helps in detecting patterns and trends in the legal
system, as well as how they have influenced the overall evolution of society.
Because most misbehaviours are perpetrated by humans, observing history might
reveal a commonality in the acts or patterns of behaviour.
To take an example, The Dowry Prohibition Act, 1961 in India was enacted to
prevent the practice of dowry, which has been a cultural practice in India,
prevalent for many centuries. The Act was a response to the historical and
social context in which dowry was seen as a social evil and a major cause of
violence against women.
- Jurisprudence and psychology
Psychology and law are two sciences that are inextricably linked, particularly
in the realm of criminology. Criminology is the study of criminal behaviour and
society's reaction to it. Understanding the criminal's mental condition is
critical in determining the appropriate punishment. For example, psychological
evaluations can evaluate whether or not a defendant is mentally fit to commit
the offence. It can also be used to identify the potential risk posed by an
offender and aid in the development of rehabilitation programs.
In Dr.Subramanian Swamy And Ors vs Raju the Member Juvenile Justice case, the
issue on the application of the Juvenile Justice (Care and Protection of
Children) Act, 2015 to a serious crime committed by a juvenile offender was
raised. It was held that Act was constitutional and it applied to all juvenile
offenders under the age of 18 years, regardless of the gravity of their offence.
However, the Act did not apply to intellectually, emotionally, and mentally
mature juveniles who understood the consequences of their actions and committed
serious offenses. These juveniles would be subject to the regular penal law of
the country and dealt with by the regular courts under India's criminal justice
system.[3]
Conclusion
Jurisprudence is a broad and multifaceted field that has connections with
numerous other sciences across various disciplines. A complete understanding of
society and its members requires the study of various domains such as politics,
economics, and social behavior in order to formulate laws suitable to that
society.
These different fields of study share a common objective of
understanding society and human behaviour, and their interdependence is vital to
gain a comprehensive understanding of the complexities of human behavior and
societal structures. Thus, jurisprudence plays an essential role in the
interdisciplinary study of social sciences, contributing to a deeper
understanding of legal principles and their broader implications for society.
End-Notes:
- Alfred Marshall, Principles of Economics (Revised ed.) 1890
- W. Friedman, Legal Theory [London Steven & Sons ltd] 1949
- Dr. Subramanian Swamy And Ors vs Raju Thr.Member Juvenile Justice, 2013
Special Leave Petition (CRL.) NO. 1953 OF 2013
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