WIKI-ENGINE'S JURISPRUDENCE

Jurisprudence| Criticism on definitions | Scope of Jurispurdence |Importance & Utility of jurisprudence| Ending Remarks

 
 

Scope of Jurisprudence?

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The study of jurisprudence started with the Romans. The definitions given by the Roman jurists are vague and inadequate but they put forth the idea of a legal sciece. Every jurist has its own notion of the subject matter and the proer limits of jurisprudence depends upon his ideology and the nature of society. The word jurisprudence used in different languages in different senses. In French it refers "case law". There has been a shift during the last one century and jurisprudence today is envisged in more broader sense than it had understood in Austinian age.

The term Jurisprudence is derived from the Latin word "Jurisprudentia" which means either "knowledge of law" or "skill in Law"

Many eminet jurists have tried to define jurisprudence some of them will be givn bellow:

Scope of Jurisprudence:

There is no unanimity of opinion regarding the scope of jurisprudence. It may be discussed under the following three heads.

1. Early Period:

In the early period, jurisprudence has been so defined as to cover moral and religious percepts also and that has creted confusion.

2. Austinian Period.

It was the Austin who distinguished law from morality and theology and restricted the term to the body of rules set and enforced by the soveriegn or supreme law-making authority within the realm. So the scope of jurisprudence was limited to the study of the concept of positive law only.

3. Modern Period:

At present, there is a tendency to widen the scope of jurisprudence. The present view is that the scope of jurisprudence cannot be circumscribed or limited. It includes all concepts of human order and human conduct in state and society.

a. View of P.B. Mukherji:

Jurisprudence includes political social, economic and cultural ideas. It covers the study of man in relation to state and society.

b. View of Lord Redcliffe:

Jurisprudence is a part of history, a part of economics and sociology, a part of ethics and a philosophy of life.

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