Scope Of Jurisprudence:
February 09, 2014
# Scope Of Jurisprudence:
There is no unanimity of opinion regarding the scope of jurisprudence. It may be discussed under the following three heads.
I. Early Period:
In the early period, jurisprudence has been so defined as to cover moral and religious percepts also and that has created confusion.
II. Austinian Period:
It was the Austin, who distinguished law form morality and theology and restricted the term to the body of rules set and enforced by the sovereign 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.
III. Modern Period:
At present, there is a tendency to widen the scope of jurisprudence. The present view is that the limited. It includes all concepts human order and human conduct is state and society.
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.
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.
5. Importance And Utility Of Jurisprudence:
Jurisprudence in basically a theoretical subject but it also has a practical and educational value. The enumerated as under.
(i) Remove the complexities of law:
One of the task of jurisprudence is to construct concepts and make law more manageable and rational.
(ii) Answers the new problems:
Jurisprudence can teach people to look around them and realize that answers to new legal problems must be found by a consideration of the present social needs and not in the wisdom of the past.
(iii) Grammar of Mind:
Jurisprudence is the grammar of law. It throws light on the basic ideas and the fundamental principles of law e.g., negligence, liability etc.
(iv) Training of Mind:
Jurisprudence trains the mind to solve the difficult legal provisions in legal way.(v) Grasp on the subject:
It helps is knowing and grasping the language, grammar, the basis of treatment and assumption upon which subject rests.
(vi) Useful in Art of pleading and legislation:
It helps legislators and the lawyer the proper use of legal terminology. It relieves them of the botheration creation of defining again and again certain expressions e.g., right, duty etc.
(vii) To Interpret law:
It helps the judges and the lawyers in ascertaining the true meanings of the law passed by the legislatures by providing the rules of interpretation.
(viii) To study foreign law.
It enable a lawyer to study foreign law because the fundamental principal are generally common to all systems of law.
(ix) Importance under the light of different jurists:
By Dr. M.J Sethna:
The value of jurisprudence lies in examining the consequences of law and its administration on social welfare and suggesting changes for the betterment of the superstructure of laws.
By M. Dias:
The study of jurisprudence is an opportunity for the lawyer to bring theory and life into focus, for it concerns human thought in relation to social existence.
6. Conclusion:
To conclude, I can say, that jurisprudence is the science of law and there are different methods of approach to it. The true purpose of the study of jurisprudence should not be confined to the study of positive law alone but must include normative study, that deal with the improvement of law in the context of prevailing, socio-economic and political philosophies of time, place and circumstances.
There is no unanimity of opinion regarding the scope of jurisprudence. It may be discussed under the following three heads.
I. Early Period:
In the early period, jurisprudence has been so defined as to cover moral and religious percepts also and that has created confusion.
II. Austinian Period:
It was the Austin, who distinguished law form morality and theology and restricted the term to the body of rules set and enforced by the sovereign 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.
III. Modern Period:
At present, there is a tendency to widen the scope of jurisprudence. The present view is that the limited. It includes all concepts human order and human conduct is state and society.
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.
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.
5. Importance And Utility Of Jurisprudence:
Jurisprudence in basically a theoretical subject but it also has a practical and educational value. The enumerated as under.
(i) Remove the complexities of law:
One of the task of jurisprudence is to construct concepts and make law more manageable and rational.
(ii) Answers the new problems:
Jurisprudence can teach people to look around them and realize that answers to new legal problems must be found by a consideration of the present social needs and not in the wisdom of the past.
(iii) Grammar of Mind:
Jurisprudence is the grammar of law. It throws light on the basic ideas and the fundamental principles of law e.g., negligence, liability etc.
(iv) Training of Mind:
Jurisprudence trains the mind to solve the difficult legal provisions in legal way.(v) Grasp on the subject:
It helps is knowing and grasping the language, grammar, the basis of treatment and assumption upon which subject rests.
(vi) Useful in Art of pleading and legislation:
It helps legislators and the lawyer the proper use of legal terminology. It relieves them of the botheration creation of defining again and again certain expressions e.g., right, duty etc.
(vii) To Interpret law:
It helps the judges and the lawyers in ascertaining the true meanings of the law passed by the legislatures by providing the rules of interpretation.
(viii) To study foreign law.
It enable a lawyer to study foreign law because the fundamental principal are generally common to all systems of law.
(ix) Importance under the light of different jurists:
By Dr. M.J Sethna:
The value of jurisprudence lies in examining the consequences of law and its administration on social welfare and suggesting changes for the betterment of the superstructure of laws.
By M. Dias:
The study of jurisprudence is an opportunity for the lawyer to bring theory and life into focus, for it concerns human thought in relation to social existence.
6. Conclusion:
To conclude, I can say, that jurisprudence is the science of law and there are different methods of approach to it. The true purpose of the study of jurisprudence should not be confined to the study of positive law alone but must include normative study, that deal with the improvement of law in the context of prevailing, socio-economic and political philosophies of time, place and circumstances.