Jurisprudence: meaning, definitions, nature, scope and the value of its study

LUG-102 Jurisprudence — Legal Method, Indian Legal System and Basic Theory of Law, Unit I: Meaning of jurisprudence / legal theory — nature, need and scope. · LLB · 60 min

What the word jurisprudence means, how Ulpian, Austin, Holland, Salmond, Gray, Keeton, Allen, Pound, Dias and Julius Stone have defined it, how it differs from legal theory, whether it is a science or a philosophy, its branches (expositorial and censorial, analytical, historical and ethical, general and particular) and why it is called "the eye of law". The lecture answers the standard opening question of every LUG-102 paper: define jurisprudence and discuss its nature, scope and significance.

Objectives

Explain the meaning of jurisprudence and reproduce the definitions of the leading jurists with the school each belongs to.
Distinguish jurisprudence from legal theory and from the study of a particular branch of law.
Describe the nature and scope of jurisprudence and the divisions made by Bentham, Austin, Holland and Salmond.
Argue why jurisprudence is called the eye of law and set out the value of its study for a lawyer, a judge and a legislator.

Slides

What the word means
The analytical definitions: Austin, Holland, Salmond
More definitions: Gray, Keeton, Allen, Pound, Dias, Stone
Jurisprudence and legal theory
The nature of jurisprudence: science or philosophy?
Scope: how wide is the subject?
Kinds I: expositorial and censorial; general and particular
Kinds II: Salmond's analytical, historical and ethical; Holland's scheme
Need and value: why study jurisprudence?
"Jurisprudence is the eye of law"
Jurisprudence in India and the exam approach

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