What Are The Contents Of Jurisprudence

INTRODUCTION

Before starting with everything are the contents of jurisprudence I would like to throw light on the meaning and definition of jurisprudence,

1. what is jurisprudence?
2. what is its relevancy in law?
3.why is it important?

Read: EVOLUTION OF PUNISHMENT EVOLUTION OF CRIMES

MEANING OF JURISPRUDENCE

The word jurisprudence is derived from the Latin word jurisprudential, which in its fullest sense means knowledge of law or skill of law.

The word JURIS means law and PRUDENTIA mean skill or knowledge, thus, it tells us the knowledge of law and its applicability. It covers the whole body of legal principles in the world how laws were made and have its roots in jurisprudence.

Jurisprudence is the mother of all legal science.

We all know that law being a dynamic concept keeps on changing with the evolution of society, changes taking place in the society, how law will have its effect on the changing society.

Jurisprudence appears to be in a generic sense include the study of various facets of law. Jurisprudence is the combination of general principles upon which the actual rules of law are based. Jurisprudence imparts us the knowledge about law.

DEFINITION OF JURISPRUDENCE GIVEN BY JURISTS

  • CICERO defines jurisprudence as the philosophical aspect of knowledge of law.
  • GRAY defines 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.
  • SALMOND  defines jurisprudence as the science of the first principles civil law.
  • JOHN AUSTIN defines the jurisprudence as the philosophy of positive law.

JURISPRUDENCE is important because it aims at explaining the different, distinctive forms of life which are been governed by law.

CONTENTS OF JURISPRUDENCE

There are many views regarding the contents of jurisprudence. But the generally accepted one are sources, legal concepts and legal theory forms the main premises of the study of jurisprudence.

SOURCES: – it is well known that sources are the basic features of a legal system which are mainly founded on the authoritative sources and the nature and the working of legal authority behind these sources.
Under this head subject such as custom, legislation, precedent as a source of law, pros and cons of codification of laws, reasoning and judicial interpretation and its method, inquiry into the administration of justice etc., are included under this head for study of jurisprudence.

LEGAL CONCEPTS:– analysis of legal concepts such as property, rights, ownership, possession, obligation, acts, negligence, legal personality and many other related issues. Jurisprudence tries to bring a comprehensive picture of these concepts as they are studied particularly in ordinary branches of law but as they are studied and have function in several branches of law it tries to bring comprehensive data as a whole.

LEGAL THEORY:- it also constitutes one of the most important components of jurisprudence. Legal theory is mainly concerned with the law as it is and exists and functions in the society and the manner in which the law is created and enforced as it also influence the social opinion and law on each other.
Legal theory tries to co-relate the law with the branches or disciplines such as religion, philosophy, ethics, politics, etc.

CONCLUSION:

These three are the generally accepted components of jurisprudence
hence each of them covers a wide range of the field of study of jurisprudence.

Summaiya

Content Writer, Law Corner, B.A.LL.B(Hons), 5th Semester, Unity Law and PG college

Leave a Comment