Meaning and Nature of Jurisprudence' - Purpose and Value of Jurisprudence
Meaning and Nature of Jurisprudence' - Purpose and Value of Jurisprudence
Meaning and Nature of Jurisprudence' - Purpose and Value of Jurisprudence
It is difficult to give a singular definition of the term. Since the growth and
development of law in different countries has been under different social and
political conditions, the different jurists have given different definitions
according to their own notion of the subject-matter and so it is not possible to
give a universal and uniform definition of Jurisprudence.
Different jurists have defined this term in different ways:
Criticism: The above definition is wide and broad enough because it includes the
term 'Dharma' under Hindu Jurisprudence. It also covers the province of
religion, ethics and philosophy. The modern jurisprudence does not study the
spiritual salvation. It is now-a-days confined only to what Hindu jurists
described as 'Vyavahara' which means those rules that determines the
judicial proceedings or controversies.
Prof. Gray: According to Prof. 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."
Prof. Gray is of the opinion that jurisprudence deals with that kind of law which
consists of rules enforced by courts while administering justice. In other words,
the laws of the jurists deal with man and seek to regulate external human
conduct in the society. It does not concern itself with the inner beliefs of man
imposed in religious laws, which derive their authority from superhuman source
which we call 'God'. The sanction for their enforcement is spiritual reward or
curse according to man's deeds.
Holland: According to Holland "Jurisprudence is the formal science of positive
law." It is wrongly applied to actual systems of law, or to current views of laws,
or to suggestions for its amendment, but is the name of a science. The science is
a formal, or analytical, rather than a material one. It is the science of actual or
positive law. The essential ingredients of his definition of jurisprudence are as
under-
1. Formal
2. Science
3. Positive Law
Jurisprudence may also be helpful to legislators who play crucial role in the process of
law-making. The study of jurisprudence may familiarize them with technicalities of law
and legal precepts thus making their job fairly easy as also interesting. The utility of
jurisprudence should be tested in the light of its functional role and in the context of
the prevailing socio-economic and political philosophies of the time, place and
circumstances. The law should serve the purpose of 'social engineering' by preserving
societal values and eliminating conflicting interests of individuals in the society.
Jurisprudence is the Eye of Law: On account of the importance of jurisprudence in the
field of law is called "the eye of law". The eyes are one of the most important parts of
human body. Almonds all human activities and the movements of body are possible
only through them. Unless man can see things properly, he cannot do any work. The
reason of calling jurisprudence the 'eye of law' is that jurisprudence functions for law in
the same manner as the eyes do in human body.
The main function of jurisprudence is to study the origin of law, its development and
its contribution towards society. Law is the only nearest and important aspect in the
absence of which the existence of a peaceful and organised society cannot be
imagined. Laws are the basis of all nation-activities. The proper existence of State is in
obedience of personal rights and liabilities of people and the conduct of national
activities depends on the existence of solid and perfect law.
The matters relating to birth, marriages, death, succession etc., are equally controlled
through laws. Hence it is essential to know the correct basic principles of law which are
contained only in the jurisprudence. It is necessary that the people should have a
sound knowledge of law which is possible only with the help of jurisprudence.
Therefore, jurisprudence, having so much importance for the society, has rightly been
called the eye of law.
Value of Jurisprudence:
Jurisprudence does not contain a sets of rules as in contracts or torts
and also has limited practical application. However, it has its own values,
unique and distinctive.
i) The subject has its own intrinsic interest.
ii) Its researches have influenced other subjects in the field of
political, medical, and social thinking.
iii) It is educative, as it sharpens the lawyers own techniques.
iv) Its method and explanations help resolve the complexities of
law. Thus, theory helps law to solve problems.