jurisprudence

Q.1 Define jurisprudence. Discuss its nature, scope and importance?

Ans: Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists (including
legal philosophers and social theorists of law), hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. Modern jurisprudence began in the 18th century and was focused on the first principles of the natural law, civil law, and the law of nations. General jurisprudence can be broken into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best to be answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems in two rough groups:

1.) Problems internal to law and legal systems as such. 2.) Problems of law as a particular social institution as it relates to the larger political and social situation in which it exists.

The word jurisprudence is derived from latin word jurisprudentia, meaning either knowledge of law or skill in the law According to oxford dictionary it is defined as jurispruidence is the systematic and formulated knowledge or science of human law. According to ecnyclopaedia "Jurisprudence is the name given to those studies, researches and speculations which aim primarily at answering the plain man,s question.what is law?.It is proposed to define law for the jurist as the sum of the influence that determine decisions in court of justice". Encyclopaedia America: Jurisprudence is functional study of concept that legal system develop and the social intrest that the law protects.As the practical science jurisprudence is the practice of judging the same question in the same manner and thus forming precedents.It includes boththe legal ordering of human relations and the body of legal institutions and materials by which the legal process is carried out. Jurisprudence has been considered at various times and bydiffrent schools of thought as philosophy,history or science.It is concerned essentially with the nature and function of law.It deals with such questions as what is law, where does it come from? what does it do?and what are the means for doing it. To sum up jurisprudence is a study, knowledge understanding, philosophy or research of the fundamental legal principles.It is any thought or writing about law and its relation to other social sciences such as economics, psychology,philosophy, sociology, politics and ethics etc.It digs into the historical past and attempts to create the symmetry of a garden out of the confusion of diffrent conflicting legal system.It consist in whatever law thinks, says and does in any field of human society. Purpose and scope of Jurisprudence Jurisprudence disclose knowledge of general ideas and principles of all legal systems, so it is called eye of the law.Certain fundamental conceptions such as negligance liability,mens rea

etc. have to be learned before provision of law relating to them can be understood, and jurisprudence teaches these fundamentals conceptions.Jurisprudence trains the mind into legal ways of thought.It teaches the proper use of legal terms, and is called grammer of law.The study of jurisprudence helps law makers by providing them brief and clear terminology.It enlightens sstudents and help them in adjusting themselves in society without causing injuries to the intrest of other student.To find out the true meaninig of law, jurisprudence helps the judges and the lawyer.