University of Kashmir
School of Law
JURISPRUDENCE: MEANING, NATURE AND SCOPE
Subject: JURISPRUDENCE I
Submitted to: DR. MOHD YASIN WANI
Submitted by:
Name: Sakib Altaf
Enrollment no.19043122038
Course: LLB (3rd Semester).
Shift: Morning
Introduction
Jurisprudence involves the study of general theoretical questions about the nature of law and
legal systems, about the justice of the law, the relation of ethics and the social nature of law.
Jurisprudence as a science of law is mainly concerned with the regulation of human conduct
according to the set values, needs and goals of every society. As values, needs and goals are of
a changing character, the nature of jurisprudence also changes to meet the needs of a
particular society.
Meaning and definitions of Jurisprudence
The term "jurisprudence" has been used at different times, in different meanings. Sometimes it
is used as a synonym for the word "law", sometimes as a philosophy of law and sometimes as a
science of law. The current trend seems to prefer the term "legal theory" to the term
"jurisprudence" The term "legal theory" was first introduced in 1945 by W. Freedman when his
book on 'Legal Theory' appeared and has since become popular. The term "legal theory" is
commonly used as an evaluation and conceptual study of the concept of law and the relation of
morality and justice, which underlie law.
Definitions of Jurisprudence
"Jurisprudence" has been assigned different meanings by different authors. Thus, jurists have
given various definitions of the term. However, a single definition cannot be called universally
accepted. Perhaps the precise meaning of the term is not possible because as a method,
jurisprudence relates to concepts that regulate human conduct according to the values, needs
and goals of every society. These values, needs, goals, etc., vary from time to time and from
society to society at different times within the same society and therefore also in the meaning
and scope of jurisprudence.
Austin's definition: Austin defines jurisprudence' as 'Science of law which deals with the
analysis of the concepts or its underlying principles'. For Austin, the appropriate subject of
jurisprudence is positive law i.e., law as it is (existing law). For him, jurisprudence is not moral
philosophy, rather it is a systematic study of substantive law as distinct from moral, ideal or
natural law.
Gray's definition: Gray has defined jurisprudence as a science of law i.e., systematic
arrangement of rules followed by courts and principles underlying them. For Gray,
jurisprudence is of three kinds-first particular jurisprudence or the science of law of a particular
community; second comparative jurisprudence or the comparison of the law of two or more
communities; third, general jurisprudence or the comparison of all legal systems of the world.
❖ From the definitions discussed above, we can say that Austin's definition is relatively
more correct. Austin has broadened the scope of jurisprudence by classifying it into at
least two categories, 'General' and 'Particular', and pointing out that jurisprudence
involves the study of principles common to all States and also the analysis of these
principles in a specific determined nation.
Nature of Law
➢ From the various definitions of law, its nature can be deduced as follows:
• Law is a Social and a Normative Science- The primary aim of the law is to regulate
human conduct. It has been introduced to maintain order in the society. Thus, law is
essentially a social science and is normative in nature since it lays down rules for human
conduct.
• Law is Dynamic in nature- An essential element of law is its dynamic nature. According
to the Supreme Court of India, “Greatest virtue of Law is its Adaptability and Flexibility.”
• Law is Territorial in nature- The enforcement of a law is limited to the territory of a
State. Different states around the world have their own legal system and laws. An act
which is a crime in State A might be considered to be righteous in State B. Modern legal
systems have introduced the concept of extra-territorial law whereby certain laws may
be enforced even outside the territory of the Sate. The concept of extra-territorial laws
has been recognized by the Indian Legal System as well
Scope of Jurisprudence
There is no unanimity of opinion regarding the scope of jurisprudence. Different authorities
attribute different meanings and varying premises to law and that causes difference opinions
with regard to the exact limit of the field covered by jurisprudence. Jurisprudence has been so
defined as to cover moral and religious precepts also and that has created confusion. It goes to
the credit to Austin that he distinguished law from morality and theology and restricted the
term to the body of the rules set and enforced by the sovereign or supreme law making
authority within the realm. Thus the scope of jurisprudence was limited to the study of the
concepts of positive law and ethics and theology fall outside the province of jurisprudence.
There is tendency to widen the scope of jurisprudence and at the present we include what was
previously considered to be beyond the provinces of jurisprudence. The present view is that
scope of jurisprudence can not be circumcised or regimented. It includes all concepts of human
order and human conduct in state and society. Anything that concerns order in the state and
society falls under the domain jurisprudence. P.B. Mukharji writes that new jurisprudence is
“both intellectual and idealistic abstraction as well as behaviouristic study of man in society. It
includes political, social, economic and cultural ideas. It covers the study of man in relation to
the state and society."
Thurman W. Arnold defines jurisprudence " as the shining but unfulfilled dream of a world
governed by reason . For some , it lies buried in a system , the details of which they do not
know. for some, familiar with the details of the system, it lies in the depth of an unreal
literature. For others, familiar with its literature , it lies in the hope of a future enlightenment.
For all , it is just around the corner "
• The view of lord Radcliffe is that jurisprudence is a part of history , a part of economics
and sociology, a part of ethics and a philosophy of life.
• Karl Llewellyn observes - " Jurisprudence as big as law-and bigger".
