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with means rather than with ends,through some of its meanare ends in themselves. ALLEN's DEFINITION :Allen says:"It is a scientific synthesis of essential principles of law".Accordi ng to Allen law is a proper and separat subject.It is an analytic or systematic process to study the essential principles of law. PATON's DEFINITION :Paton says:"A particular method of study not of laws of one country but of gener al Notions of lawitself".According to paton it is a proper way to study not only the law of one country but generalconcepts and rules of every country or whole world.Paton says law is an independent study. AUSTIN's DEFINITION :Austin defines jurisprudence as "The philosphy of positive law means the laid do wn by a political superior for controlling the conduct of those subjects to his authority.Austin divided the jurisprudence into following.i) General jurispruden ce.ii) Particular jurisprudence. GENERAL JURISPRUDENCE :General jurisprudence includes such subjects or ends of law as are common to all system. PARTICULAR JURISPRUDENCE :Particular jurisprudence is the science of any actual system of law or any porti on of it. CRITICISM ON AUSTIN's DEFINITION. SALMOND CRITICISM :The error in Austin's idea of general jurisprudence lies in t he fact that he assumes thatunless a legal principal is common to many legal sys tems, it cannot be dealt withingeneral jurisprudence. There may be many schools of jurisprudence but not differentkinds of it.HOLLAND'S CRITICISM:Holland points out that it is only the material which is particular and not the scienceitself. KEETON DEFINATION :" Jurisprudence is the study and systemic arrangement of the general principles of law". BENEFITS OF JURISPRUDENCE :Jurisprudence is basically a theoretical subject but it also has a practical and educationalvalue. The practical value or purposes of jurisprudence has been enu merated as under. REMOVE THE COMPLEXITIES OF LAW: One of the task of jurisprudence is to construct concepts and make law moremanag eable and rational. ANSWER THE NEW PROBLEMS: Jurisprudence can teach people to look around them and realize that answers to l

egal problems must be found by a consideration of the present social needs and n ot in thewisdom of the past. GRAMMER OF LAW: Jurisprudence is the grammer of law. It throws light on the basic ideas and thef undamental principles of law e.g. negligence, liability etc. TRAINING OF MIND: Jurisprudence trains the mind to solvethe difficult legal prov isions in legal way. GRASP ON THE SUBJECT: It helps in knowing and grasping the language, grammer, th e basics of treatment andassumption upon which subject rests. USEFUL IN ART OF PLEADING AND LEGISLATION: It helps legislators and the lawyers the proper use of legal terminology. It relieves them of the botheration, creati on of defining again and again certain expressions e.g. right, dutyetc TO INTERPRET LAW: It helps the judges and the lawyers in ascertaining the true m eanings of the law passed bythe legislatures by providing the rules of interpret ation. TO STUDY FOREIGN LAW: It enable a lawyer to study foreign law because the fundam ental principles are generallycommon to all systems of law. IMPORTANCE UNDER THE LIGHT OF DIFFERENT JURISTS: By Dr.M.J.Sethna: The value of jurisprudence lies in examining the consequences of law and itsadmi nistration on social welfare and suggesting changes for the betterment of thesup erstructure of laws.By M.Dias:The study of Jurisprudence is an opportunity for t he lawyer to bring theory and life intofocus, for it concerns human thought in r elation to social existance.The true purpose of the study of Jurisprudence shoul d not be confined to the study of positive law alone but must include normative study that deals with the improvement of law in the context of prevailing philo sophies of time, place and circumstances. SCOPE OF JURISPRUDENCE:There is no unanimity of opinion regarding the scope of jurisprudence. It may be discussed under the following three heads: o EARLY PERIOD:In the early period, Jurisprudence has been so defined as to cover moral and religious precepts and that has created confusion. o AUSTINIAN PERIOD:It was the Austin, who distinguished law from morality and theo logy and restricted theterm to the body of rules set and enforced by trhe sovere ign or supreme law-makingauthority with in the realm. Therefore, the scope of Ju risprudence was limited to thestudy of the concept of positive law only. o MODERN PERIOD:At present, there is a tendency to widen the scope of Jurisprudenc e cannot becircumscribed or limited. It includes all concepts of human order and human conduct inhuman state and society. View of P.B.Mukherji: Jurisprudence includes political, social, economic and cultural ideas. It covers the studyof man in relation to state and society. View of Lord Redcliff: Jurisprudence is a part of history, a part of economics and sociology, a part of ethics anda philosophy of life. Jurisprudence Download this Document for FreePrintMobileCollectionsReport Document Info and Rating Follow Tanveermalik2005 Share & Embed

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