History Of Jurisprudence
It is difficult to give a universal and uniform definition of Jurisprudence. Every Jurist has his own notion of the subject matter and the proper limits of jurisprudence depend upon his ideology and the nature of society. The word jurisprudence is generally not used in other languages in English Sense. In French it is somewhat referred to as a “case law”. The society has evolved dynamically so there is a difficulty accepting a definition considered by all. However, scientific inventions have helped a lot in bringing the people of the world closer to each other which has paved a way for universalization of ideas and thoughts and the development of a common terminology.
The study and application of jurisprudence started with the Romans. Jurisprudence
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When it comes to Legal Philosophy, it has numerous aspects, yet four of them are the most well-known. The first and the most predominant type of jurisprudence pertain to investigate, clarify, classify, and criticize whole collections of law. Law school reading materials and law related reference books represents this kind of grant. The second type of jurisprudence compares and even contradicts to law with different fields of learning, for example, literature, economics, religion, and the social sciences. The third sort of jurisprudence tries to uncover the historical, moral, and cultural premise of a specific legal idea. The fourth collection of jurisprudence spotlights on finding the response to such abstract questions as "What is law?" and "How do judges (legitimately) decide …show more content…
By law he meant law of the land or civil law. He divided Jurisprudence into two parts:
1. Generic- It basically includes the entire body of legal doctrines.
2. Specific- This part deals with the particular department or any specific portion of the doctrines.
‘Specific’ is further divided into three parts:
i. Analytical, Expository or Systematic Jurisprudence- It deals with the contents or particulars of an actual legal system existing at any time whether in past or in present. ii. Historical- This deals with the legal history and its development iii. Ethical- According to him, the primary purpose of any legislation is to set forth laws as it ought to be. It deals with the ‘ideal’ of the legal system and the purpose for which it exists.
Criticism of Salmond - Critics say that it is not an exact definition. Salmond just gave the structure and neglected to give any clarity of thought.
Keeton
He very well considered “Jurisprudence as the study and systematic arrangement of the general principles of law”. According to him, Jurisprudence deals with the distinction between Public and Private Laws and considers the contents of principle departments of
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