Wednesday, 26 January 2022

Nature and Scope of Jurisprudence

              NATURE AND SCOPE OF JURISPRUDENCE


Regarding the nature of Jurisprudence, there are two different opinions. Most of the jurists call Jurisprudence as a Social Science and some call it as a Formal Science. We will see both it a brief manner. 


Jurisprudence as a Social science: 

Social Science is the study of human activities from the social and spiritual point of view. Thus social science is different from the Natural science in that the latter deals with human biology or physiology, while the former deals with the moral and social activities of human beings. Jurisprudence is classified as a branch of social science attempting to explore and explain the social and moral rules of human conduct. Sociology, ethics, theology, psychology and economics are also concerned with the man as a social being and as such related to Jurisprudence as part of Social science. 


Jurisprudence as a Formal Science: 

Sir Holland calls Jurisprudence as the formal science of positive law. It is a formal or analytical study of law. A formal science is a science dealing with the fundamental principles underlying certain concrete details. It is different from material science in that the material science deals with the concrete details only while the formal science deals with the basic principles underlying such details. Jurisprudence is a formal science because it deals with the underlying purposes and principles of certain general basic details like property, ownership, possession, title, liability etc., common to all material legal systems. Sir Holland calls Jurisprudence as a formal science of relation of mankind with those which are generally recognised as having legal consequences. Sir Salmond calls it as the science of first principles of civil law meaning that it concerns with general civil concepts like Property, contract, possession, ownership etc., and thus constitutes the basis of a developed civil legal system. 




SCOPE, PURPOSE AND OBJECTIVES OF JURISPRUDENCE: 


  1. It is for the synthesis and developmental of the fundamental principles and conceptions of law. 

  2. Its objective is to give theoretical foundation for law. 

  3. It aims to universalise the common element existing in one legal system to all other legal systems. 

  4. It attempts at providing definitions for many legal terms which enable lawyers and jurists to have clear understanding of the concepts. It acts like grammar to a particular language. 

  5. By providing definitions and explanations to many basic legal concepts, it aims to help lawyers to make correct usage of legal terms in their pleadings and similarly the legislators for enacting legally correct legislations. 

  6. It aims to make a lawyer efficient by educating him in legal concepts. 

  7. By crystallizing moral ideas, it is of assistance for progressive societies. ‘

  8. Jurisprudence constructs and elucidates concepts to make them more rational and thus help to improve their practice. 

  9. Jurisprudence also has educational value. The legal concepts sharpens the lawyer’s logic. 

  10. The study of jurisprudence changes the static and formal approach of lawyers, as the concepts in jurisprudence are changed according to the needs and scientific advances of the society. 

  11. Jurisprudence teaches lawyers to look and search in all sides including the present social needs to find answers to new legal problems.

 


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