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April 5, 2020

Define | Importance | Practical Value | Utility of Jurisprudence

Subject: English Jurisprudence

Introduction

The study of jurisprudence started with "Roman". In French, it refers to 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 the legal system in particular ways of establishing and maintaining social order and protect harm to persons / Individuals from each other.

Meaning 

Latin Word "Jurisprudentia" Juris means Law and Prudentia mean Knowledge. So Jurisprudentia means "Knowledge or Skill in Law".

Importance | Practical Value | Utility of Jurisprudence

It is a theoretical subject but it also has a practical and educational value. The practical value or Utility or a purpose of jurisprudence has been enumerated as under:

a. Remove The Complexities Of Law:


One of the tasks of jurisprudence is to construct concepts and make the law more rational and manageable.

b. Answers new problems:


Jurisprudence trains to the people to look around and realize that answers to new legal problems. It must be found by a consideration of the present social needs and not in the wisdom of the past.

c. The Grammar of Law:


Jurisprudence is the grammar of law. It throws light on the essential ideas and the fundamental principles of law e.g. liability, negligence, etc.

d. Training of Mind:


Jurisprudence trains the mind to solve difficult legal provisions in a legal way.

e. Grasp on the subject:


It helps significant and grasping the language, the basis of treatment, grammar and the assumption upon which subject rests.

f. Helpful in Art of legislation and Pleading:


It helps the lawyer and legislators the proper use of legal terminology. It mitigates them to the botheration creation of defining, again and again, certain expressions E.g. Rights, duties, etc.

g. To Interpret law:


It facilitates the lawyers and the judges in ascertaining the true meanings of the law passed by the legislatures by providing the rules of interpretation.

h. To Study Foreign Law:


It facilitates the lawyers to study foreign law because the fundamental principles are generally common to all systems of law.

i. Importance by Different Jurists:

By Dr. M.J Sethna: The value of jurisprudence lies in examining the consequences of law and its administration on social welfare and suggesting changes for the betterment of the superstructure of laws.

By M. Dias: The study of jurisprudence is an opportunity for the lawyer to bring theory and life into focus, for it concerns human thought with social existence.

Conclusion:

To conclude, I can say, that jurisprudence is the science of law and there are different methods of approach to it. The true purpose of the study of jurisprudence should not be confined to the study of positive law alone but must include normative study, that deals with the improvement of law in the context of prevailing, socio-economic and political philosophies of time, place and circumstances.


Next Jurisprudence Topic 


Relationship of Jurisprudence with Other Social Sciences








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