NATURE, SCOPE AND UTILITY OF JURISPRUDENCE

Introduction

Jurisprudence has a long history of evolution beginning from classical period to 21^st century. The Jurisprudence has different meanings at different times. In England, during the formative era the term “jurisprudence” was used in generic sense to study various facets of law. Law is a dynamic concept and changes with the evolution of society. Jurisprudence is not codified but a dynamic subject (keeps on changing) and having no limitations. Bentham is known as the father of jurisprudence and Austin took his work further.

 Meaning

 The word “Jurisprudence” is derived from the Latin word Jurisprudential which means knowledge of law or skill in law. The word “juris” means law and “prudentia” means skill or knowledge. There are no universally accepted definitions of jurisprudence because law is the subject matter of jurisprudence. Another reason is people have different ideologies and notions. Different meaning has been assigned by the different writers. Bentham is known as the father of jurisprudence and Austin took his work further.

As per Salmond-

"Jurisprudence is the science of the first principles of civil law."

 According to Salmond the science of law may be considered from three perspectives:-

·       Expository Jurisprudence i.e. deals with actual legal system.

·       Legal theory/history i.e. deals with historical development

·       The science of legislation i.e. deals with future of the legal system.

As per Professor Gray-

"Jurisprudence is the science of law, the statement and systematic arrangement of the Courts and the principles involved in those rules."

As per Ulpian-

"Jurisprudence means knowledge of law." It is defined as the observation of things human and divine, the knowledge of the just and the unjust."

Nature of jurisprudence

On the account of nature of jurisprudence there is difference of opinion. The nature of jurisprudence, it is drawn from various social sciences such as Sociology, psychology, criminological and ethics. The nature of jurisprudence depends on this question whether jurisprudence is an art or science? Some people called it both art and art and science. But to call it science would be more proper and useful because science is a systematic study by investing new methods. In the same way jurisprudence is concerned with systematic study of their methods and fundamental principles of law.

 Scope of Jurisprudence

 The scope of jurisprudence has widened considerably over the years which includes certain types of investigations into law. Commenting on the scope of jurisprudence Justice P.B. Mukherjee observed, “Jurisprudence is both an intellectual and idealistic abstraction as well as behavioral study of man in society. It includes political, social, economic and cultural ideas. It covers that study of man in relation to state and society.”

Commenting on the scope of Jurisprudence Salmond observed, “In Jurisprudence we are not concerned to derive rules from authority and apply them to problem; we are concerned rather to reflect on the nature of legal rules on the underlying meaning of legal concepts and on the essential features of legal system.”

With regard to the scope of jurisprudence there is no unanimity of opinions. The controversy is raised when different authorities attributed different meanings. In the 19^Th century the scope of jurisprudence has been widened because of what Holmes spoke felt necessities of the people. In the modern age jurisprudence is nothing but the science of social control of human conduct. This idea widened the scope of jurisprudence. Only the John Austin tried to limit the scope of jurisprudence.

 Utility

Generally, jurisprudence is a theoretical subject but it also has practical value. One of the most important utility/significance to study jurisprudence is to understand what the judges want to convey. Some of the reasons to study jurisprudence is as follows:-

·       Salmond pointed out that Jurisprudence has its own intrinsic interest because it is a subject of serious scholarship and research.

·       Jurisprudence has its practical applicability. It helps in making the law more manageable and rational by removing all the complexities. This will be possible only with the help of theory.

·       Jurisprudence has an educational value as it helps in the logical analysis of the legal concepts and sharpens the logical technique of the lawyer.

·       The study of jurisprudence helps in considering the needs of the society in the present scenario.

·       It helps a lawyer in his practical work as they can tackle their problem through the knowledge of jurisprudence.

·       It helps the legislators who play a prominent role in the process of law-making.

·       It helps the judges and lawyers in finding out the true meaning of laws passed by the legislature.

·       It helps us to find answers to new legal problems.

·       It helps in rationalizing the thinking of the students and adjusts in the society.

·       On account of importance jurisprudence is considered as “the eye of law.” The reason of calling jurisprudence “the eye of law” is that jurisprudence functions for law is the same as the eyes do in human body.

·       For example- the interpretation of law is very difficult task and cannot be done without the help of jurisprudence.

·       It teaches the fundamental concept like mens rea, liability and negligence etc.

From the above mentioned points it is quiet easy to understand that jurisprudence having so much importance for the law makers, lawyers, students and even society. It is rightly said that jurisprudence is called “the eye of law.”

References

·       Prof. Nomita Aggarwal –Jurisprudence and legal theory (2014).

·       Dr. N.V. Paranjapee (2016).