Jurisprudence | Definition | Nature | Sources | Scope of Jurisprudence

Subject: English Jurisprudence

Jurisprudence

The study of jurisprudence started with "Roman". In the French, it is referred to as a "Case Law". The evolution of jurisprudence is dynamic in its nature.

• Jurisprudence is the study of law and legal philosophy and science.
• It is a formal mechanism of social control legal system are particular ways of establishing and maintaining social order and protect harm to persons / Individuals from each other. 

Meaning 

It is derived by Latin Word "Jurisprudentia" where as Juris means Law and Prudentia mean Knowledge. So Jurisprudentia means "Knowledge or Skill in Law".

Definitions 

Salmond's:- "Jurisprudence is the Science of Law"

Austin:- Jurisprudence as the "Philosophy" of Positive Law.

Holland:- This jurist said, Jurisprudence as the "Formal Science" of Postitive Law"

According to Jurist "Stone":- Jurisprudence is the lawyers extraversion.

Definition at Present Time | Scenario:- Jurisprudence can be defined as any writing or thought about law and its relations to other disciplines such as Psychology, Philosophy, anthropology, economics, and many others. 

Nature

Jurisprudence is dynamic in nature (Changing Day by Day). It consists of different views which later on called the school of jurisprudence. E.g: Cyber Crime Act

Contents of Jurisprudence 

Sources

The basic features of a legal system are mainly found in its authoritative sources and nature and the working of the legal authority behind these sources. Such as Customs, Precedents, Natural Law, Legislation.  

Legal Concepts 

Legal Concepts of Jurisprudence includes:

• The analysis of legal concepts such as Rights, Duties, Title, Property, Ownership, Possession, Obligation, Acts, Negligence, Legal Personality and related issues.

Legal Theory 

Legal Theory is concerned with law as it exists and its functions also in the society and the manner in which law is created. It's enforced as also the influence of social opinion and law on each other.

Scope of Jurisprudence 

• In the early period:- Cover moral and religious precepts. The scope was limited to the study of the concept of positive law.
• At Present:- Scope cannot be circumscribed or limited. It includes all concepts of human order and human conduct in society and state.

Next Jurisprudence Topic 

Six Kinds of Jurisprudence and Criticism by Different Jurist