What is Jurisprudence?

Explore the meaning of jurisprudence, the study of law. Understand its origin, significance, and branches, including historical jurisprudence, analytical jurisprudence, and ethical jurisprudence. Delve into the principles and development of law throughout history.

WHAT IS JURISPRUDENCE?

The word Jurisprudence has been derived from the Latin term JURIS PRUDENTIA, which means ‘the study, knowledge or science of law’.

Jurisprudence is the study on law. It is different from any other branches of law. It is not which is derived from the practical situations but it is finding and studying the true meaning of the legal terms. It can be said that Jurisprudence is the study of the fundamental principles of law. It is the study on which the principles of law are based. It can be said that Jurisprudence includes entire body of legal doctrines.

Bentham is considered as the father of Jurisprudence and John Austin has been considered to work on the theories of Bentham and take his work on next level. The term Jurisprudence has been described by various people. Holland described Jurisprudence as “the formal science of positive law.” According to Allen, Jurisprudence can be considered as “the scientific synthesis of the essential principles of law.”

JURISPRUDENCE COVERS:

1. LEGAL EXPOSITION: It includes the purpose for which the contents of the existing law is set forth. It is full explanation of the law. It is present in nature.

2. LEGAL HISTORY: It includes the purpose for which the historical law and legal system came or exist. As the name suggest, it is historic in nature.

3. THE SCIENCE OF LEGISLATION: It is futuristic in nature, the purpose for which is to set forth what ought to be.

BRANCHES OF JURISPRUDENCE:

HISTORICAL JURISPRUDENCE:

Historical Jurisprudence deals with the general principles of origin of the law and its development through the ages with the evolution of man and his theories. Law has been around ages, and gradually it has developed. It is natural law. It is believed that the law gradually developed through the customs, traditions, conventions and beliefs of the communities. Till date, it has been developing considering the historical theories.

ANALYTICAL JURISPRUDENCE:

This theory deals with what is in present situation. Analytical Jurisprudence is the positive theory. It purposes to study and analysis the source of law and principles of law as they exist.

ETHICAL JURISPRUDENCE:

The third branch of jurisprudence is the Ethical Jurisprudence. It can also be called as philosophical theory. It deals with what is ethical significance in the existing law. It finds the moral principles in the law.