Jurisprudence
For
understanding law, we must have preliminary understanding of
jurisprudence.
The
legal experts term civil law as science of jurisprudence. Some concepts of
jurisprudence are given below:
“Jurisprudence means the knowledge of
law, or knowledge of just and unjust”
It deals with laws that are enforceable
by the courts.
Kinds of Jurisprudence
- Analytical Jurisprudence
- Historical Jurisprudence
- Ethical Jurisprudence
- An analysis of the law
- Treatment of a complex idea or concept in its elementary sub-divisions
- Examination of the relations between civil law and other forms of law
- A study of the legal source of law
- An investigation of the theory of legislation, precedent and custom
- Classification of the entire body of law with reasons thereof.
- A treatment of rights, their kinds and classes, their creation, transfer and extinction
- Dealing with legal liability, its kinds, extent and incidence
- To investigate such legal concepts as property, possession, trust, contracts, persons, acts, intention, motive, negligence. etc.
Analytical jurisprudence
It covers the following areas:
It analyses the prevalent law that is
the principles of law as exist now. It also studies theory of legislation,
precedent and customs and study of different legal concepts such as property,
possession, trust, contract, negligence etc
Scope of Analytical jurisprudence
It
analyses the basic principles of civil law, it does not pay any attention to
the evolutionary process and their ethical aspects that is whether they are
good piece of law or otherwise. We can say that analytical jurisprudence does
not consider the historical and ethical aspects.
Its
scope can be underlined as given below:
Historical jurisprudence
It studies history of law and evolution of
law over a period of time and also amendments, introduction of new principles
of law.
Scope of Historical Jurisprudence:
It
studies the principles of law in their origin and developments that take place
over a period of time.
This
branch is not the same thing as legal history.
Ethical jurisprudence
It deals with the law that should be in
an ideal state. It lays down the different purposes which should be fulfilled
in an ideal state. It studies the modifications in the existing law in order to
achieve these purposes and objects. The main object of ethical jurisprudence is
the attainment of justice.
Scope of Ethical Jurisprudence:
Ethical
jurisprudence deals with the law in the ideal state with law as it should be.
Law exists to fulfill certain purposes. It is for this branch of jurisprudence
to lay down what those purposes are and whether they are fulfilled by the law
existing at any given time. It considers the modifications necessary in the
existing law so that it may fulfill the objects for which it exists. The other
two branches are concerned with an analysis of the law as it is or as has been
without being concerned with its adequacy or inadequacy. Ethical jurisprudence
has as its object the attainment of justice.
Advantages of study of jurisprudence
The
following are the advantages of studying this science:
Jurisprudence is the “grammar of law”
and teaches the lawyers and the legislator's proper use of legal terms. It
ensures homogeneity and accuracy in legal phraseology.
A
person who has studies jurisprudence will be able to study foreign laws
intelligently if need be,
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