3. TABLE OF CONTENTS
1. Jurisprudence- Definition
2. Law- Definition
3. Sources of Law
4. Schools of Law
5. Ownership and Possession
6. Rights
4. Jurisprudence
● ‘Jurisprudence’ - the Latin term juris prudentia
● Meaning - study, knowledge, skill or science of law.
● Philosophy of Law
5. 4 Aspects of Jurisprudence
1) Analyze, explain, classify, and criticize entire bodies of law- textbooks
and legal encyclopedias
2) Compares and contrasts law with other fields of knowledge such as
literature, economics, religion, and the social sciences.
3) Historical, moral, and cultural basis of a particular legal concept
4) Finding the answer to such abstract questions as "What is law?" and "How
do judges (properly) decide cases?"
6. Why do we learn Jurisprudence
● Law works in society
● Law as a tool for social engineering
● Helps in better understanding the law and formulating better law.
● Trains to solve legal problem.
● Jurisprudence - as learning wisdom of Law.
7. Definitions of ‘Jurisprudence’
1. SALMOND
● Sir John William Salmond (1862 – 1924)
● Legal scholar, public servant and judge in New
Zealand.
● Works:
1. Theory of the Law (1902)
2. The Law of Torts (1907)
3. Principles of the Law of Contracts (1927)
8. Salmond on Jurisprudence
● Jurisprudence-“Science of the first principles of the civil law”
● Jurisprudence thus deals with a particular species of law, viz., civil law or law
of the state.
● This kind of law consists of rules applied by courts in the administration of
justice.
9. Definitions of ‘Jurisprudence’
2. John Austin
● 1790 – 1859
● The Province of Jurisprudence Determined (1832)
(His lecture delivered at University of London)
● Father of English Jurisprudence
● Became famous posthumously - after his widow
published the second edition
● analytical approach to jurisprudence and a
theory of legal positivism
● There is no need for connection between law and
morality.
10. AUSTIN ON JURISPRUDENCE
● Jurisprudence - “philosophy of positive law”.
● By positive law or jus positivism he means the law laid down by a political
superior for controlling the conduct of those subject to his authority.
● Law as it is.
● First jurist to make jurisprudence as a science
● Divided Jurisprudence into 2
1. General Jurisprudence - Basic principles
2. Particular Jurisprudence- Confined to a particular system
11. Definitions of ‘Jurisprudence’
3. JEREMY BENTHAM (1748 - 1832)
● Founder of modern utilitarianism.
● Works:
1. An Introduction to the Principles of Morals and
Legislation (1789)
2. A Comment on the Commentaries and
A Fragment on Government (1776)
3. The classical Utilitarians (John Stuart Mill)
● Jurisprudence is an analysis of formal
structure of law and its concepts.
12. Definitions of ‘Jurisprudence’
4. HOLLAND
● Sir Thomas Erskine Holland (1835- 1926)
● Work- Elements of Jurisprudence, 1880
● jurisprudence as the “formal science of
positive law”
● jurisprudence - concern itself with the basic
principles of concepts
● Formal science = Rules of External human
conduct enforced and controlled by a
sovereign political authority.
13. 5. ULPIAN
● Roman Jurist (Died in AD 228)
● “Jurisprudence is the knowledge of things
divine and human, the science of just and
unjust."
14. KLEE 2020 (5 YR)
1. The word ‘Jurisprudence’ is of _______ origin
A:-Roman
B:-Latin
C:-English
D:-Greek
15. KLEE 2020 (5 YR)
2. The term ‘Jurisprudence’ means
A:-Reason of law
B:-Knowledge of law
C:-Importance of law
D:-Source of law
16. KLEE 2020 (3 YR)
3. The Theory of Utility was propounded by
A:-Roscoe Pound
B:-Jeremy Bentham
C:-Henry Maine
D:-Rawls
17. KLEE 2019 (5 YR)
4. Jurisprudence has been defined as the formal science of positive by
A:-Salmond
B:-Austin
C:-Stone
D:-Holland
18. KLEE 2019 (3 YR)
5. Austin divides Jurisprudence into ................................?
A:-Analytical Jurisprudence and Normative Jurisprudence
B:-General Jurisprudence and Particular Jurisprudence
C:-Both A & B
D:-Expositional Jurisprudence and Unsocial Jurisprudence
19. What is Law?
1. HLA HART
● Herbert Lionel Adolphus Hart (1907- 1992)
● Work: The Concept of Law (1961)
● Law is a system of rules
i. PRIMARY Rules - Basic Principles
■ Duty imposing rules
ii. SECONDARY Rules - Rules through which
primary rules are introduced, enforced,
modified.
■ Confer power which provide for the
creation or variation of duties.
20. 2. POUND
● Nathan Roscoe Pound (1870-1964)
● Works
a. An Introduction to the Philosophy of Law
b. The Spirit of the Common Law
● Sociological Jurisprudence
● social relationships in the development of law and
vice versa.
21. ● Law as Social Engineering
● Law is a body of principles recognised or enforced by public and regular
● tribunals in the administration of justice.
22. 3. ULPIAN
● Law is the art and science of what is equitable and good.
4. CICERO
● 106 BC- 43 BC
● Law is the highest reason implanted in nature.
23. 5. SALMOND
● The body of principles recognised and applied by the State in the
administration of justice.
24. 6. AUSTIN
● Law is the aggregate of rule set by men as politically superior or sovereign, to
men as politically subject.
● Law is the command of the sovereign that imposes a duty which is backed by
sanction.
26. SOURCES OF LAW - SALMOND
● 2 CATEGORIES
● Formal Source - Source recognised by Laws - Authoritative. Eg. Constitution,
Statutes, Court’s decisions.
● Material Source - Sources from which law is composed. Eg. Custom.
● Material Source is divided into two:
■ Legal Sources - Sources in both fact and law - authoritative. Eg -
Customs
■ Historical Sources - Sources in only fact - unauthoritative. Eg - Juristic
opinions, legal writings.
28. Legislation
● Legal rules declared by competent authority
i. Direct: Authority Itself makes law
ii. Indirect: Delegate legislations - made by executives under power
delegated
29. Precedent
● Decisions of higher courts- binding on lower courts
● Condition- Similar or identical facts or legal issue
Major Doctrines
1. Stare Decisis:
○ Latin- to stand by things decided.
○ Legal Doctrine
○ Mandates that when deciding a case, the previous judgements- with
similar facts must be considered.
30. 2. Ratio Decidendi
○ Latin- Rationale for the decision
○ Reason for the decision.
○ Only the Ratio of the case is binding.
3. Obiter Dicta
○ Latin- Other things said
○ Said in passing in judgement, observations etc
○ Does not create binding precedent
31. Custom
● A traditional/ widely accepted/ frequently followed rule
● a rule of conduct which is observed by the society as a tradition, habit and
usage, but not in pursuance of law.
● Essentials
○ It must be Immemorial
○ It must be Certain and Continuously practised
○ It must be Reasonable
○ It must be in conformity with statute law or legislation.
○ It must have an obligatory force and should have been followed
○ openly without the necessity for recourse to force.
