Law Books

Articles

Guiding Notes

Questions and Answers

CHAPTER ONE

INTRODUCTION TO JURISPUDENCE

You should be familiar with the following areas

  • Concept of Jurisprudence
  • Scope of Jurisprudence
  • Classification of Jurisprudence
  • Relevance of Jurisprudence

1.1  CONCEPT OF JURISPRUDENCE

Jurisprudence goes back to Latin prudential juris (literally “skill in law), from which was derived the late Latin formation jurisprudential, and subsequently our word. The noun jurisprudent means “one skilled in Law” in other words, a jurist.

1.1.1 Black’s Law Dictionary 8th Ed. 2004 pg. 871

Is the study of first principle of the law of nature, civil law, and the law of nations. It concentrate more in modern the study of general or fundamental elements of a particular legal system. Therefore, jurisprudence is the conscience of law and consciousness of law. In sense that, conscience deals with research evaluating and consciousness deals with awareness, the relationship between law and other things.

OR Is branch of philosophy which deals with conceptual issues and asks question about law (abstract and theoretical). So jurisprudence want to offer a comprehensive answers/picture of what is law? 

1.1.2 Roscoe Pound (Campbell “A note on the word Jurisprudence” pg. 58

Roscoe Pound described jurisprudence as the science of law using the term ‘law’ in juridical sense as denoting the body of principles recognized or enforced by public and regular tribunals in the administration of justice.

Analysis

Jurisprudence has been considered at various times by different schools of thought as philosophy, history or science. It is concerned essentially with the nature and function of law. It deals with such questions as

1.2 SCOPE OF JURISPRUDENCE

  • It covers moral and religious precepts also that has created confusion.
  • Jurisprudence was limited to the study of the concepts of positive law and ethics and theology fall outside the province of jurisprudence.
  • Jurisprudence involves the study of general theoretical questions about the nature of laws and legal systems, about relationship of law to justice and morality and about the social nature of law.
  • Also covers the concepts of human order and human conduct in state and society. Anything that concerns order in the state and society falls under the domain jurisprudence.

1.3 CLASSIFICATION OF JURISPRUDENCE

Jurisprudence as the study about philosophy and theories as well as nature and utility of laws and legal system can be classified into various kinds.

1.3.1 Historical Jurisprudence

Historical Jurisprudence deals with scientific study of evolution and development of the principle of law. It is a legal philosophy concerned with the history of the first principle and conceptions of a legal system.

1.3.2 Sociological Jurisprudence

Is branch of jurisprudence deals with study living law in the same manner as a psychologist studies living issue. Sociologist considers law as social phenomenon. The object of sociological jurisprudence is to work upon jurisprudence with reference to the adjustment of relations of ordering of conduct which is involved in group life.

1.3.3 Analytical Jurisprudence

The branch of Jurisprudence gives analysis to basic principles of civil and their interpretation. The purpose of this branch of study is to analyse and dissect the law of the land as it exists today.

1.3.4 Ethical Jurisprudence

This branch of jurisprudence deals with basic principles of ethics and moral values. Ethical jurisprudence is a branch of legal philosophy which approaches the law from the viewpoint of its ethical significance and adequacy. It deals with laws as it ought to be an ideal state.

1.4 RELEVANCE OF JURISPRUDENCE

(a) Jurisprudence provide a broader perspective of the law and giving standing of law in relation to other institution on a society. How law interacts, also promote awareness of social context on how law operates. It help us to understand the different perspective on the law and we can understand the dipper issues on society.

(b) Jurisprudence help us to think in self consciously critical way about legal concepts.

E.g. how judges stick to the law or consider the political and moral aspects.

(c) The aim of jurisprudence is wisdom and not knowledge: How to use the theory in critical way. It empower as a legal student to engage with issue of society of law today.

(d) Jurisprudence gives lawyer the skills to detect how law led to failure of jutice; As lawyer we need to promote justice and fairness in the society.

(e) Jurisprudence helps the judges in ascertaining the true meaning of laws passed by the legislators by providing the rules of interpretation. Therefore, the study of jurisprudence should not be confined to the study of positive laws but also must include normative study i.e that study should deal with the improvement of law in the context of prevailing socio-economic and political philosophies of time, place and circumstances

(f) It also helps in knowing the language, grammar, basis of treatment and assumptions upon which the subject rests. Therefore, some logical training is necessary for a lawyer which he can find from the study of jurisprudence. gvp�P��