Authored By-

Suryansh Tripathi

INTRODUCTION:

The term jurisprudence is originated from the Latin phrase “juris prudentia,” which means “the

study, knowledge, or science of law.” In the context of the United States, it often refers to legal

philosophy. This field encompasses various dimensions, but there are four primary forms:

The first, and most widespread form, involves the examination, explanation, classification, and

critique of comprehensive legal systems. This is normally found in law school’s textbooks and

legal encyclopedias.

The second form diverges and compares legal principles with those in other disciplines, such as

literature, economics, religion, and the social sciences.

The aim of the third form is to uncover the historical, moral, and cultural foundations of specific

legal concepts.

At last, the fourth area of jurisprudence is dedicated in addressing abstract inquiries such as

“What constitutes law?” and “What constitutes appropriate judicial decision-making?”

The roots of modern jurisprudence are traced as far back as the 18th century, and it borrowed

from the fundamental concepts of natural law, civil law, and international law. The philosophy of

law is now more interested in issues that are at the most basic level of legal systems and those

concerning law as a social institution because it reflects its encounter with vaster political and

social spheres. Jurisprudence can be classified in different ways, depending on the type of

questions that researchers want to analyze and the various theories or schools of thought that

provide the most appropriate responses to these questions.

NATURAL LAW:

Natural law is a philosophical concept that asserts the presence of inherent rights and universal

moral principles that can be discerned through human reasoning. This viewpoint maintains that

such laws are grounded in nature, independent of human legislation or societal beliefs, and can

be recognized as valid regardless of prevailing social norms or governmental systems.2

The main characteristics of Natural law include:

1. Universality: Principles of natural law are applicable to all people, irrespective of their

cultural or geographical backgrounds, indicating a shared human morality.

2. Moral Basis: It is founded on the belief that certain rights and values are essential to

human life and should be acknowledged by all legal frameworks.

3. Reason: Proponents of natural law argue that people can identify moral truths through

rational thought, which enables them to recognize these universal principles.

4. Impact on Legal Systems: The concept of natural law has profoundly shaped legal

systems, especially in Western thought, influencing key figures like Thomas Aquinas, John

Locke, and the Founding Fathers of the United States.

5. Connection between Law and Morality: Natural law asserts that laws ought to be

consistent with moral values; any law that conflicts with natural law is deemed unjust or

illegitimate.

In summary, natural law provides a foundational perspective for comprehending justice and

morality, guiding the formulation and assessment of man-made laws.3

CLASSIFICATION OF JURISPRUDENCE:

JEREMY BENTHEM: AN English philosopher and jurist classified Jurisprudence in two

branches-

1.Censorial- What the law is ought to be,

2.Expositorial- What the law is

According to Bentham, the law should be designed to promote pleasure and prevent pain.

1 https://en.m.wikipedia.org/wiki/Jurisprudence

2 https://youtube.com/shorts/kmbj_0FVQVc?feature=shared

3 https://www.lexisnexis.in/blogs/introduction-to-

jurisprudence/#:~:text=Jurisprudence%20means%20the%20study%20of,its%20importance%20in%20sha

ping%20society.He called this “the greatest happiness principle”.

JOHN AUSTIN -An English Legal Professional, defined jurisprudence as the scientific study of

positive law, or law as it is. He was the first jurist to call jurisprudence a “science of law”.

He classified Jurisprudence in two branches,

1.General- The study of fundamental legal principles,

2.Particular- The study of a specific legal system

Sir JOHN W SALMOND- was a legal scholar, public servant and a judge based in New

Zealand. He classified Jurisprudence in three categories:

1.Analytical- Focuses on structure and mechanics of law as it exists, without considering its

historical origins and ethical implications.

2.Historical- It analyzes the evolution of law through history, emphasizing the role of customs

and societal norms.

3.Ethical- It examines the moral values and principles underlying the law.

OBJECTIVES OF JURISPRUDENCE:

Interpreting Laws: Through the exploration of foundational legal concepts and sources,

jurisprudence aids judges and attorneys in precisely interpreting existing laws, particularly in

intricate cases where the law’s application is uncertain.

Critical Evaluation: Jurisprudence fosters critical examination of the law, enabling assessments

of its effectiveness, fairness, and how well it meets societal needs, which can lead to necessary

legal reforms.

Formulating Legal Theories: Various jurisprudential schools, such as natural law, legal realism,

and sociological jurisprudence, offer distinct views on the role of law, which can inform legal

reasoning and influence policymaking.

Adapting to Developments: By providing frameworks to address emerging legal challenges,

jurisprudence helps legal systems keep pace with evolving societal standards and technological

progress.

Advancing Justice: Through the analysis of law’s philosophical foundations, jurisprudence

supports the pursuit of justice and equity within legal systems.

CONCLUSION:

Jurisprudence is essential in the formation of legal systems, providing a critical framework for

comprehending and interpreting laws and legal principles. In essence, jurisprudence acts as both

a foundational and dynamic force in shaping legal systems, providing essential tools and insights

for the creation and application of law.

Jurisprudence is essential for influencing the legal system by offering a philosophical and

analytical basis for comprehending the essence of law, its foundational principles, and its

application. This framework enables legal professionals to interpret and craft laws that reflect

societal values and adapt to changing conditions, thereby guiding the evolution and future course

of the legal system.