Meaning of the word 'jurisprudence' - The word 'jurisprudence' is derived from two Latin words. -Juris and Prudentia. The first word is Juris which means law or law and the second word is Prudentia which means knowledge. So literally Jurisprudence means law or knowledge of law. Jurisprudence is not mere 'knowledge' of law; This is the 'ordered knowledge' of the law. The systematic knowledge of a subject is called science. Hence jurisprudence is the science or jurisprudence of law. It is a 'science' which sets out the fundamental principles of which law is a personification. The goal of jurisprudence is the same as that of other sciences. It is a complete eclipse of the subjects falling under its field, it is a subtle analysis of the most general principles of these subjects; It is an upward ladder leading from tangible to tangible things under its subject to general and intangible principles. In short, it is a logical formulation of legal principles; That's why it is called science, not knowledge.
Law is very important in human life. All the behavior and activities of man are kept disciplined by law. Law keeps the free life of man in discipline. The system of study of methods as a separate branch of science is called 'jurisprudence'.
Under Jurisprudence, various aspects related to the definition, interpretation, nature, origin and elements and purposes of law are studied. Forensic science is concerned with human behaviour. Therefore, like other sciences, there are practical difficulties in its study. Along with social development, there is a change in human behavior. As a result, it becomes necessary to change the method also. For this reason, jurisprudence has been considered as a continuously progressive study in the form of jurisprudence. Thinkers have adopted different points of view regarding its generality and practicality. In the Ulpian era, jurisprudence was considered to be the science of determining right and wrong, while Samand recognized it as a science of civil law. America's famous jurist Roscoe Pound has called it the science of social engineering.
Now one more question remains. What is meant by law? Vidhi means - the rule of action or activity i.e. the rule according to which an act is done or is done or should be done. for example; Law of gravitation in physics, moral law in ethics etc.
But this definition of law is very broad in view of the field of jurisprudence. On adopting this definition, spiritual law, moral law, divine law will all come under jurisprudence. In fact, jurisprudence is concerned only with those laws or laws which are implemented by the courts for the administration of justice. It deals with the rules that bind the political society together. In the words of Dr. Samand, law in this regard means wholly civil law, state law.
According to Dr. Salmond, the reason for this is that when we call jurisprudence as the science of law, then all types of methods do not come under the purview of jurisprudence. In a way, we can say that method means a rule to carry out some work. So there can be and are there spiritual laws, moral laws, natural laws, fashion laws, speed laws etc. But these rules do not come within the scope of the study of jurisprudence. In the words of Dr. Salmond - "Law means the civil law or the law of the state or the law of a country." This meaning of law is different from the rules enumerated above.
In Austin's own words- "The appropriate subject of jurisprudence in any of its different departments is positive law, meaning by positive law, law established or positum in an independent political society; by the express or tacit authority of its sovereign or supreme Government "
Here it is necessary to give definitions of some other jurists as well, which have been given by it from time to time.
Ulpian- This was a famous jurist of Rome. According to it, "jurisprudence is the knowledge of human and divine things, it is the science of right and wrong." This definition is similar to our definition of 'religion' here. 'Dharma' refers to those laws relating to the actions of mankind which are helpful in his temporal and spiritual liberation. But such a definition is too broad. Under this religion, policy and philosophy will be included.
According to Hollande- " Jurisprudence is the formal science of the existing positive law".
According to Allen – “It is a synthesis of the essential principles of law.”
Professor Gray is of the opinion that "jurisprudence is the science of law and it deals with the study of laws and their basic charges applied in courts".
Peyton says that "It is a method of study. It cannot be called a study of the constitution of a country, but it can be called a general study of the understanding of law."
According to Paul Vinogradoff, “Forensic science emerges from the study of simple rules and parts of definite law, which differ in the history of each nation. This jurisprudence seeks the object of the general principles that are found in acts and court decisions."
According to Julius Stone:-
Jurisprudence is the additional explanation of the jurist. ("Jurisprudence is lawyer's extraversion").
Conclusion:-
There are two things in the above definitions which are found in all the definitions. First, all jurists say that jurisprudence is the science of law. However, there is a difference of opinion about what the law means. Secondly, jurisprudence is not the science of law itself, but the science of the basic principles of law. Therefore, the study of concrete provisions of law is not done under jurisprudence. Under this, the systematic study of abstract principles is done.
Importance of jurisprudence
It is no exaggeration to highlight the importance of jurisprudence. Jurisprudence, being a social science, provides many types of social rights and facilities, which a social science can provide. No doubt this scripture can be called the 'eyes of the law'. In short, the importance of this scripture can be told from the following points-
(1) Studying jurisprudence is very important even for the legislative assembly. Through jurisprudence, the entire responsibility of the legislature, such as defining the words of law, etc. or rights, duties, possession, ownership, traditional rights, etc. do not have to be described because all these The terms are clearly described in the jurisprudence.
(2) The law of jurisprudence acts as a tool for the mental intelligence of the students.
(3) As it is necessary for a language to have grammar, in the same way it is necessary for a law to have a jurisprudence. Because it is only through jurisprudence that the basic principles of legislation are illuminated. In the words of the scholar Holland, it can be said - "Just as by gathering similarities and differences in one place, they are formed by linguistics and by gathering in this way the basis of facts is grammar; in the same way country A legal institution is formed by gathering the law of a foreign country, and jurisprudence has a great hand in the creation of such an institution, which makes the law the simplest and which is implemented in different ways in different systems. has been brought."
(4) Jurisprudence complements the shortcomings of law. Where the law was absolutely silent. Is, or there is some difference between one legislation and another legislation, jurisprudence helps in understanding the law. For example, Ram hurt a deer and Shyam caught the deer. In such a situation, if legal aid is not available, then the judges have to resort to jurisprudence and only then a judge can come to the decision that Shyam is in possession of that deer because all the points of possession are present in it and hence Shyam is entitled to that deer. is on.
(5) According to Mr. Austin, the importance of jurisprudence is very less for those practicing law. Later Mr. Dicey has also said that the word 'jurisprudence' stinks in the nose of lawyers- "Jurisprudence is a word which stinks in the nostrils of a practicing Barrister." Still, it would not be unreasonable to say that lawyers have to use jurisprudence unknowingly in their day-to-day work and they do.
(6) Lawyers, judges and jurors fly in their imagination in interpreting laws. It is jurisprudence that puts a stop to such fantasies and obliges them to interpret the correct legislation.
(7) In today's world, where thousands of Legislative Assemblies make thousands of laws every year, it is not possible for a lawyer and judge to be aware of all the laws. At such places, law becomes easier by studying the basic principles of jurisprudence because the principles help in solving barbaric laws.
No doubt, the Russian jurist Korkoni has said that of all the branches of science, it is the branch of law in which the most compelling need for generalization of rules is felt. ("Among all branches of Science it is precisely in law that the compelling necessity for a forced generalized system is felt.'')
By:- Mr.Shekhar Knowledge