Jurisprudence And Other Social Science A Relationship

S.S. Jain Subodh Law College

Jurisprudence And Other Social Science [A Relationship]

Project Submission as the Partial Fulfillment of Periodic Evaluation

of Jurisprudence

Submission To: Submitted By:

Ms. Kanika Dhaka Anshuman Singh

FACULTY OF SOCIOLOGY Roll no:-5

III Semester

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CERTIFICATE

Certified that the project work on the topic Jurisprudence And Other Social Science [A
Relationship] submitted

by Anshuman Singh for the partial fulfilment of the degree B.A. and LL.B 3rd semester

offered by the S.S.Jain Subodh Law College during the academic year 2015-2016 is

an original work carried out by the student under my supervision and

this work has not formed the basis for the award of

any degree, diploma, or such other titles.

Signature of faculty

(Ms. Kanika Dhaka)

ACKNOWLEGMENT

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I take this opportunity to express our humble gratitude and personal regards to Ms. Kanika
Dhaka for inspiring me and guiding me during the course of this project work and also for his
cooperation and guidance from time to time during the course of this project work on the topic.

Jaipur Student signature

28th March 2015

(Anshuman Singh)

Table of contents

SR.NO. TOPIC PAGE NO.

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1. Certificate (i)
2. Acknowledgment (iii)
3. Table Of Contents (iv)
4. Research Methodology (v)
5. Introduction 6
6. Significance and Utility of the Study of Jurisprudence. 9
7. RELATIONSHIP OF JURISPRUDENCE AND OTHER SOCIAL SCIENCES 11
8. Conclusion & suggestion 13
9. Bibliography

RESEARCH METHODOLOGY

Aims and Objectives:

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The aim of the project is to present a detailed study of the topic JURISPRUDENCE AND OTHER

SOCIAL SCIENCE [A RELATIONSHIP ].

Research Plan
The researchers have followed Doctrinal method.

Sources of Data:
The following secondary sources of data have been used in the project-
Websites
Books

Method of Writing and Mode of Citation:

The method of writing followed in the course of this research project is primarily analytical. The
researcher has followed Uniform method of citation throughout the course of this research project.

INTRODUCTION

Meaning of Jurisprudence:
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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 study of jurisprudence started with Romans. The Latin
Equivalent of jurisprudence is jurisprudential 1 the term jurisprudential is consists of two words (1)
Juris (2) Prudentia. The term juris means law and the term prudential means knowledge/ skill
.Therefore, the term jurisprudence means knowledge of law or skill of law.

Definition of Jurisprudence:

Ulpian's Definition: Etymologically, as we have already seen, Jurisprudence means 'Knowledge of

Law'. The celebrated Roman Jurist, Ulpian (180-228) defined Jurisprudence as 'the observation of things
human and divine, the knowledge of the just and the unjust'. This definition is too broad and might well
apply to religion, ethics or philosophy.

Salmond's Definition: Salmond defines Jurisprudence as the "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. It has characteristic
features that distinguish it from law of every other kind. Of laws which govern the conduct of man in
society we have three kinds: the laws of the theologian, the moralist and the jurist. It is with the jurists
law only that Jurisprudence is concerned. The laws of the theologian or religious laws derive their
authority from a divine or super human source. They are intended to regulate human conduct as well as
beliefs and are enforced by spiritual rewards or penalties in the other world, that is, by ultra mundane
sanctions. The laws of the moralist are man-made. They exist in societies, the most primitive as well as
the most civilized, and are enforced by no determinate authority save public opinion which visits the
contravention of those ridicule social ostracism and the like uncertain penalties. The laws of the jurist
are easily distinguishable from those of the theologian and the moralist. They regulate external human
conduct only and not the inner beliefs, therein differing from the laws of the theologian. In their mature
condition they exist in politically organized society, that is, a society which has an organized system of
Government for its members who occupy a defined territory and over whom it can exercise an unlimited
amount of control. They are enforced by courts or judicial tribunals of the society which apply a variety
of sanctions ranging from capital punishment to a fine. The certainty of the sanctions and the existence

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of a determinate authority for enforcement distinguish the jurist's law from that of the moralist. It is the
jurist's law or, as Salmond calls it, civil law, that is the fit subject of Jurisprudence.

Austin's Definition: Austin refers to jurisprudence as "the 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. "Positive Law" as used by Austin is thus identical with "Civil Law". The term
"Philosophy" used by Austin in describing Jurisprudence is somewhat misleading. Philosophy deals
with the most general theories about things, human and divine, while Jurisprudence restricts itself to the
general theory of man-made law.

Holland's Definition: Sir. Thomas Erskine Holland has defined Jurisprudence as the "Formal Science
of Positive Law". A formal science, as distinguished from a material science, is one which deals not with
concrete details but with the fundamental principles underlying them. Jurisprudence in this view should
concern itself with the general portion of legal doctrine. It should deal with the general conceptions and
pervading principles that constitute the basis of any mature system of law. In every system of law there
are certain fundamental conceptions and broad principles which serve as the basis for the concrete
details of the law. Notions of property, contract, possession, etc., are basic to any well-developed legal
system. Jurisprudence separates these ideas and frames out a scheme of their purposes, methods and
principles without going into the specific rules relating to them in any particular legal system. As
Holland says: "Jurisprudence deals with the human relations which are governed by rules of law rather
than with the material rules themselves". Specific rules are the appropriate subject-matter of legal
exposition or compilation rather than of juristic science. Since jurisprudence deals only in a "formal or
abstract way with those relations of mankind which are generally recognized as having legal
consequences". Dr. Holland calls it a formal science.

Certain Criticisms Considered: Prof. Gray in 'The Nature and the Sources of the Law' and Dr. Edward
Jenks in 'The New Jurisprudence' have objected to the description of Jurisprudence as a formal science.
Prof. Gray remarks: 'The relation of Jurisprudence to law depends not upon what law is treated, but how
law is treated. A treatise on jurisprudence may go into the minutest particulars or be confined to the most
general doctrines and in either case deserves its name; what is essential to it is that it should be an
orderly, scientific treatise in which the subjects are duly classified and subordinated'. In this view a
scientific treatise on any department of the law may be described as 'Jurisprudence'. Such usage is by no
means uncommon, but if we understand by jurisprudence 'the science of law in general', we must admit

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it to be a misapplication of this ponderous quadrisyllable. Prof. Gray's criticism cannot, therefore, be
accepted as sound.

Significance and Utility of the Study of Jurisprudence

1. This subject has its own intrinsic interest and value because this is a subject of serious
scholarship and research; researchers in Jurisprudence contribute to the development of

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society by having repercussions in the whole legal, political and social school of thoughts.
One of the tasks of this subject is to construct and elucidate concepts serving to render
the complexities of law more manageable and more rational. It is the belief of this subject
that the theory can help to improve practice.

2. Jurisprudence also has an educational value. It helps in the logical analysis of the legal
concepts and it sharpens the logical techniques of the lawyer. The study of jurisprudence
helps to combat the lawyers occupational view of formalism which leads to excessive
concentration on legal rules for their own sake and disregard of the social function of the
law.

3. The study of jurisprudence helps to put law in its proper context by considering the
needs of the society and by taking note of the advances in related and relevant
disciplines.

4. Jurisprudence can teach the people to look if not forward, at least sideways and around
them and realize that answers to a new legal problem must be found by a consideration of
present social needs and not in the wisdom of the past.

5. Jurisprudence is the eye of law and the grammar of law because it throws light on basic
ideas and fundamental principles of law. Therefore, by understanding the nature of law, its
concepts and distinctions, a lawyer can find out the actual rule of law. It also helps in
knowing the language, grammar, the basis of treatment and assumptions upon which the
subject rests. Therefore, some logical training is necessary for a lawyer which he can find
from the study of Jurisprudence.

6. It trains the critical faculties of the mind of the students so that they can dictate
fallacies and use accurate legal terminology and expression.

7. It helps a lawyer in his practical work. A lawyer always has to tackle new problems
every day. This he can handle through his knowledge of Jurisprudence which trains his
mind to find alternative legal channels of thought.

8. Jurisprudence helps the judges and lawyers in ascertaining the true meaning of the laws
passed by the legislators by providing the rules of interpretation. Therefore, the study of
jurisprudence should not be confined to the study of positive laws but also must include
normative study i.e. that study should deal with the improvement of law in the context of
prevailing socio-economic and political philosophies of time, place and circumstances.

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9. Professor Dias said that the study of jurisprudence is an opportunity for the lawyer to
bring theory and life into focus, for it concerns human thought in relation to social
existence.

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RELATIONSHIP OF JURISPRUDENCE AND OTHER SOCIAL SCIENCES

Jurisprudence is closely inter-related with other social sciences since all of them are concerned with
human behavior in society. Pointing out the relationship between jurisprudence and other social
sciences,G.M Paton observed that ,modern jurisprudence trenches on the fields of social science and
of philosophy; it digs into the historical past and attempts to create the symmetry of a garden out of the
luxuriant chaos of conflicting legal systems. Julius Stone explained the relation between them as,
Jurisprudence is the lawyers extraversion.Roscoe Pound who propounded the theory of law as a
social engineering also said that jurisprudence is closely interrelated with other social sciences which
though distinct enough as the core, are shade into each other. In simple words we can say that different
branches of knowledge are so inter-related that none of them can be studied in isolation. All social
sciences stand in close connection with one another. All of them study the actions of human beings
living in society, through from different angles and with different ends.
Relation between Jurisprudence and other social sciences:-

Firstly, Jurisprudence and Sociology The attitude of sociologists towards law is different from that
of a lawyer who, in his professional capacity, is concerned with the rules which have to be obeyed by
the people. He is not interested in knowing how and to what extent those rules actually govern
the behavior of the ordinary citizens. There is separate branch of sociological jurisprudence based on
sociological theories and is essentially concerned with the influence of law on society at
large, particularly social welfare. In the case of crime in society, its causes are to a very great extent

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sociological and to understand their pros and cons, one must have knowledge of society. Sociology
helped jurisprudence in its approach to the problem of prison reforms and suggested ways and means of
preventing social wrongs. Behind all legal aspects, there is something social. The causes of crimes are
partly sociological and an understanding of sociology helps the legislators in their task of prison reform
and prevention of crime. The birth and growth of sociology has given a new orientation to the study of
jurisprudence.

Secondly, Jurisprudence and Psychology Psychology has been defined as the science of mind and
behavior. It is recognized that no human science can be discussed properly without a thorough
Knowledge of human mind and hence its close connection with jurisprudence. In the study of criminal
jurisprudence, there is great scope for the study of psychological principles in order to understand the
criminal mind behind the crime. It is duty of a lawyer to understand the criminal and the working of a
criminal mind.
Jurisprudence is concerned with mans external conduct and not his thoughts and mental processes, but
penology has benefited from the knowledge made available by psychological researches.

Third, Ethics and Jurisprudence Ethics has been defined as the science of human conduct. It deals
with how man behaves and what should be the ideal human behavior. Ethics is concerned with good or
proper human conduct in the light of public opinion. Jurisprudence is related to positive morality in so
far as law is considered as the instrument through which positive ethics tries to assert itself. Positive
morality is not depends upon the good action of good man only.

Fourth, Economics and Jurisprudence Economics studies mans efforts in satisfying his wants and
producing and distributing wealth. Economics is the science of wealth and jurisprudence is the science
of law. There is a close relation between the two. Economics problems arise from day to day and it is
duty of the law-giver to tackle those problems. Jurisprudence teaches legislators how to make laws
which will promote social and economic welfare. Both economics and jurisprudence aim at the
betterment of the lives of the people. The intimate relation between economics and jurisprudence was
first emphasized by Karl Marx and the interpretation of jural relation in the light of economic factors is
receiving serious attention at the hands of jurists.

Fifth, History and Jurisprudence History studies past events in their different perspectives
The relation between jurisprudence and history is so close that there is a separate historical school of
jurisprudence. History furnishes the background in which a correct idea of jurisprudence can be
realized.
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Sixth, Jurisprudence and Politics Friedman rightly points out that jurisprudence is linked at one end
with philosophy and at the other end with political theory. Politics deals with the principles governing
governmental organization. In a politically organized society, there exist regulations which may be
called laws and they lay down authoritatively what man may do and what they may not do.

Conclusion and Suggestion

Jurisprudence is the eye of law. It is the grammar of law. It throws light on the basic ideas and the
fundamental principles of law. But a jurist has to study the social sciences for the study of jurisprudence.
Different branches of knowledge are so inter-related that none of them can be studied in isolation. All
social sciences stand in close connection with one another. All the social sciences must be co-workers
and emphatically all must be co-workers with jurisprudence. All social sciences are the study of man
in society. It is the study of human inter-relations and interactions. The field of social sciences has the
whole life of men struggle in society, all the activities whereby men maintain themselves in the struggle
for existence. Law is concerned with the study of entire body of legal principles. Law controls and
regulates a subject i.e. a citizen. The knowledge of jurisprudence and social sciences help each other o
take into consideration of the human and sociological aspects Jurisprudence was the first of the social
sciences to be born. Of all men, judges and legislators were the first that found them selves compelled to
seek a clear and conscious knowledge of the principles according to which human beings live together.
Such knowledge of the foundations of society was first acquired by learning to distinguish right and
wrong. This preceded by a long way any merely theoretical curiosity and was produced by the
necessities of life.

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Bibliography

Books referred:
V.N Pranjape

Websites Referred:
en.wikibooks.org/wiki/French.
lawandotherthings.blogspot.com.

books.google.co.in.

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