Definition of Jurisprudence

By Sahil Kumar 17 Minutes Read

Introduction

The term “jurisprudence” originates from the Latin phrase “jurisprudentia” which translates to “the study, knowledge, or science of law.” In contemporary usage, jurisprudence typically refers to the philosophy of law. Jurisprudence signifies the knowledge of law and its application, encompassing the entire body of legal principles globally. The concept of law has evolved over time, leading to various interpretations of jurisprudence, making it challenging to define the term with a single and precise definition. Therefore, to understand the various aspects of jurisprudence it is imperative to examine the various definitions of jurisprudence given by jurists.

1. John Austin

“Philosophy of positive law”

Austin was the first jurist to establish jurisprudence as a science, defining it as “the philosophy of positive law.” He argued that the proper subject of jurisprudence is positive law (jus positivum), meaning the law as it exists – written and actual. According to Austin, jurisprudence is a scientific and systematic study of existing, positive law, distinctly separate from natural, ideal, or moral law.

Austin divided jurisprudence into two categories: General Jurisprudence and Particular Jurisprudence. He described General Jurisprudence as the philosophy of positive law, encompassing the universal principles of legal systems. In contrast, Particular Jurisprudence refers to the study of the specific system of positive law that currently exists or once existed within a particular nation or group of nations.

Criticism

Austin’s definition was criticized by Salmond and Holland and other Jurists on the ground that it is not proper and appropriate to classify as the general Jurisprudence and Particular Jurisprudence.

2. Thomas Erskine Holland

“Jurisprudence is the formal science of positive law.”

Sir Thomas Erskine Holland, an English jurist, defines jurisprudence as “the formal science of positive law.” According to Holland, jurisprudence should focus exclusively on the basic principles and concepts underlying any natural system of law, rather than on the content or substance of the laws themselves. He views jurisprudence as a formal science concerned with the rules of external human conduct that are enforced and controlled by a sovereign political authority. This definition emphasizes the structure and form of legal systems, rather than the moral or ethical considerations, aligning with the tradition of legal positivism.

Criticism

Many eminent jurists have criticized Holland’s definition of jurisprudence as the “formal science of positive law,” pointing out that it is not without flaws. The primary criticism revolves around the ambiguity of the term “formal science.” Holland himself explains that by “formal,” he means that jurisprudence is concerned with the abstract principles and human relations governed by legal rules, rather than with the content or substance of the laws themselves. In other words, jurisprudence, in his view, should focus on the structural and relational aspects of law, leaving the actual rules and their applications to legal exposition, criticism, or compilation. This narrow focus has been critiqued for potentially overlooking the broader social, moral, and practical dimensions of law.

3. John Chipman Gray

“Jurisprudence is the science of law, the statement and systematic arrangement of the rules followed by the courts and the principles involved in those rules”

Professor John Chipman Gray defined jurisprudence as “the science of law, the statement and systematic arrangement of the rules followed by the courts and the principles involved in those rules.” According to Gray, jurisprudence focuses on the kind of law that consists of rules enforced by courts in the process of administering justice. His view emphasizes that jurisprudence is concerned with the laws that govern external human conduct in society, aiming to regulate interactions between individuals. Gray’s perspective distinguishes legal rules from other forms of rules, such as religious or moral guidelines, which deal with inner beliefs and are not enforced by judicial institutions.

Criticism

Julius Stone criticized John Chipman Gray’s definition of jurisprudence, arguing that Gray reduced jurisprudence to simply the arrangement and systematic statement of legal rules. Stone contended that Gray’s definition failed to identify a specific scope or province for jurisprudence, thereby limiting it to a mere organizational function rather than recognizing its broader analytical and philosophical dimensions. Stone believed that jurisprudence should encompass more than just the cataloging of rules; it should also engage with the underlying principles, concepts, and theoretical foundations that shape the legal system.

4. John Salmond

“The science of the first principles of the civil law.”

John Salmond defined jurisprudence as “the science of the first principles of the civil law,” emphasizing that it deals with the fundamental principles underlying the rules enforced by courts in administering justice. He proposed two senses of defining jurisprudence:

a) Generic Sense: Jurisprudence is the science of civil law, encompassing all rules and principles applied by courts.

b) Specific Sense: Jurisprudence is the science of the first principles of civil law, focusing on the foundational concepts that govern the legal system.

Salmond’s definition aligns with Austin and Holland in treating jurisprudence as a systematic study or science. However, he also acknowledges Gray’s view that jurisprudence specifically deals with the law as interpreted and applied by jurists, emphasizing its role in understanding, and analyzing the principles that courts use in their decisions.

Criticism

Salmond’s definition of jurisprudence as “the science of the first principles of the civil law” has faced criticism for potentially narrowing the scope of jurisprudence. Critics argue that by focusing exclusively on civil law, Salmond’s definition limits jurisprudence to the study of a specific legal system rather than addressing broader or more universal legal principles. This limitation might exclude the analysis of legal systems outside the civil law tradition or ignore comparative aspects of jurisprudence that consider multiple legal traditions and systems. Additionally, the emphasis on civil law might overlook the study of other important legal fields, such as criminal law, international law, or customary law, which also play significant roles in the broader understanding of legal systems.

5. Ulpian

“The observation of things human and divine, the knowledge of the just and the unjust”

Ulpian, a prominent Roman jurist, provided a foundational definition of jurisprudence that has influenced legal thought throughout history. This definition emphasizes that jurisprudence encompasses not just the technical aspects of legal rules, but also their moral and philosophical dimensions, reflecting on both divine and human matters in the pursuit of justice.

Criticism

Ulpian’s definition of jurisprudence, encompassing both “divine and human” matters and focusing on the “just and unjust,” has been criticized for being overly broad and abstract. Critics argue it blends moral philosophy with legal analysis, which can obscure the practical application of law. Additionally, the theological aspect of his definition may not align with secular perspectives on jurisprudence, which often prioritize empirical and rational approaches over religious considerations. This blending of ethical and legal elements can complicate the objective study of law and its real-world implications.

6. Cicero

Cicero defines jurisprudence as the philosophical aspect of knowledge of law. Cicero viewed jurisprudence as a discipline deeply intertwined with natural law and moral philosophy. He believed that understanding the nature of law involved not only analyzing legal rules but also considering their alignment with natural justice and ethical conduct. For Cicero, true jurisprudence encompassed the integration of legal principles with broader ethical and philosophical considerations, reflecting his view that the law should uphold moral values and societal norms. This perspective underscores the belief that jurisprudence is not just about the technical aspects of law but also about ensuring that legal principles are rooted in fundamental notions of justice and morality.

7. Dr M. J. Sethna

Jurisprudence is the study of fundamental legal principles, encompassing their philosophical, historical, and sociological foundations. It involves analyzing legal concepts and theories to understand the nature, purpose, and functioning of law. This comprehensive approach integrates the examination of legal principles with their broader contexts, including ethical and societal implications, to provide a deeper insight into the structure and operation of legal systems.

8. H.L.A. Hart

A legal system comprises both primary and secondary rules, which are central to understanding jurisprudence. Primary rules impose duties and obligations on individuals, whereas secondary rules confer powers that enable the creation, modification, or enforcement of primary rules, addressing their inherent deficiencies. This framework was Hart’s response to rigid positivism, as he aimed to present jurisprudence as a broader science of law that incorporates the interplay between law and morality. By integrating these elements, Hart’s approach seeks to offer a more nuanced understanding of the law, acknowledging its ethical dimensions alongside its formal structures.

9. Roscoe Pound

Dean Roscoe Pound defines jurisprudence as “the science of law, using the term law in the juridical sense, as denoting the body of principles recognized or enforced by public and regular tribunals in the administration of justice.” He emphasizes that every legal issue is rooted in social context, advocating that jurisprudence should focus on the relationship between law and society. This perspective underscores the importance of understanding how legal principles interact with social dynamics and address societal needs.

10. Dr. K. C. Allen

Allen defined jurisprudence as “scientific synthesis of all essential principles of law.” This definition underscores its role in systematically studying and integrating the foundational concepts of legal systems. By examining both the philosophical underpinnings and practical applications of legal principles, jurisprudence seeks to provide a comprehensive understanding of law and its function within society.

11. G.W. Paton

Jurisprudence is a particular method of study that focuses on the general notion of law itself rather than the specific laws of any one country. It seeks to understand the fundamental principles, concepts, and theories that underpin legal systems broadly, exploring the nature of law, its purpose, and its role in society, rather than concentrating on the laws and legal practices of a specific jurisdiction.

12. Julius Stone

Stone defined Jurisprudence as “the lawyer’s extraversion,” meaning it involves a lawyer’s exploration of legal principles, ideals, and techniques through the lens of contemporary knowledge from various disciplines beyond the law itself. This perspective highlights the diverse approaches to defining jurisprudence. Although there is no universally accepted definition, the concept has evolved significantly from its inception to the early 20th century. Many jurists now view law as a form of “social engineering,” an instrument designed to facilitate or support social change. This approach underscores the function of law as complementary to social sciences, reflecting its role in shaping and responding to societal dynamics.

13. Harold Laski

Harold Laski defines jurisprudence as “the eye of law,” emphasizing its role in providing insight and perspective on legal principles and systems. This metaphor suggests that jurisprudence serves as a critical lens through which the law can be analyzed, understood, and interpreted. It underscores the idea that jurisprudence goes beyond mere legal practice to offer a deeper understanding of the nature and function of law in society.

14. Immanuel Kant

Immanuel Kant defines jurisprudence as “the science of right,” reflecting his view that jurisprudence is concerned with the principles of justice and the moral basis of law. For Kant, jurisprudence involves understanding the inherent rights and duties that constitute the legal framework of society. This definition emphasizes that jurisprudence is not just about the application of laws but about the philosophical and ethical foundations underlying legal principles and the concept of justice.

15. Keeton

Professor John L. Keeton defines jurisprudence as the study of the fundamental principles of law and the nature of legal systems. He characterizes it as an exploration of the concepts underlying legal rules, the structure of legal reasoning, and the function of law in society. Keeton’s approach focuses on analyzing the core ideas that inform legal institutions and doctrines, emphasizing both theoretical and practical aspects of law. His definition highlights jurisprudence as a discipline that not only examines specific legal rules but also seeks to understand the broader principles and values that underpin legal systems.

Conclusion

The definition of jurisprudence has evolved significantly from its early conceptualizations by figures like Ulpian and Cicero. Ulpian’s broad approach, encompassing both divine and human matters, set a foundational framework but faced criticism for its abstract and theological aspects. Cicero, on the other hand, rooted jurisprudence in natural law and moral philosophy, emphasizing the alignment of legal principles with justice and ethical behavior. These historical definitions reflect a deep interplay between law, morality, and society, illustrating how jurisprudence is not merely a technical study of legal rules but a broader inquiry into justice and human conduct. Modern interpretations continue to grapple with these foundational ideas, balancing theoretical insights with practical applications. Ultimately, the rich history of jurisprudence underscores its importance as a field that integrates legal science with philosophical and ethical dimensions, shaping how we understand and apply the law in diverse contexts.

Sahil Kumar