Jurisprudence And The Concept of Law at A Glance

Jurisprudence

The actual definition of jurisprudence can vary, dependent on the context of the usage. Jurisprudence can have different meanings for different people. Theoretically, however, it is the science, philosophy and the study of the law.

The father of Jurisprudence believed that “Jurisprudence is the philosophy of poritive Law”.

On the other hand Professor Salmond stated that “Jurisprudence is the study of the first principles of Civil Law.According to Keeron Jurisprudence is the study and systematic arrangement of the general principles of Law.

Modern jurisprudence began in the 18th century and was focused on the first principles of the natural Jurisprudence , civil Jurisprudence , and International Jurisprudence .

Natural Jurisprudence

Natural Jurisprudence is a philosophy that certain rights or values are inherent by virtue of human nature and can be universally understood through human reason. Historically, natural law refers to the use of reason to analyze both social and personal human nature to deduce binding rules of moral behavior. The law of nature, as it is determined by nature, is universal.

Civil Jurisprudence

Civil Jurisprudence is the science of the civil law. In common law countries such as England, Wales, and the United States, the term refers to non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law. The law of property is embraced by civil law. Civil law can, like criminal law, be divided into substantive law and procedural law. The rights and duties of individuals amongst themselves is the primary concern of civil law.

International Jurisprudence

Salmond Called International Jurisprudence as the science of International Law or the Law of Nations. International Jurisprudence is concerned not only with the rules which are in force within states, but with those which prevail between states.

Concept of Law

Definition of Law

It is possible to describe law as the body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the behavior of its members, so Law is a formal mechanism of social control.

Law is a rule laid down for the guidance of an intelligent being by an intelligent being having power over him. Law is the body of rules fixed and enforced by a sovereign political authority.

Classification of Law

The classifications of law are the different categories into which all areas of law can be collated. A particular classification of law encompasses all types of law but it distributes them according to a particular unique characteristic.

The following are the major classifications of law:

1. Public and Private Law

2. Civil Law and Criminal Law

3. Substantive and Procedural Law

4. Municipal and International Law

5. Written and Unwritten Law

6. Common Law and Equity

Salmond’s Classification

According to Salmond Law in it’s widest sense may be divided into eight kinds4

1. Imperative Law

2. Physical (Scientific) Law

3. Natural (Moral) Law