Jurisprudence : Part - 1

Jurisprudence

Meaning, Definition, Nature and Scope

Definitions of Jurisprudence by different Jurists.

Ques 1: Jurisprudence as a separate branch of discipline was started by

1. Hindu Scholars
2. Christian Community
3. Romans
4. Jews.

[U.P.P.C.S(J) 2013]

Romans : The study of jurisprudence as a separate branch of knowledge started with the Romans. According to Romans "Jurisprudence is the knowledge of law". though the Romans never confused law with morality or religion. The definition and conception of jurisprudence by Roman jurists may appear to be vague or inadequate int the modern sense of the term, but the credit of recognising jurisprudence as an independent branch of legal science for the first time goes to Roman legal philosophers.

Ques 2: Who described Jurisprudence as lawyer's extraversion?

1. Savigny
2. Salmond
3. Julius Stone 
4. Buckland

[U.P.P.C.S.(J) 2003]

[U.P.P.C.S.(J) 2012]

Julius Stone : Julius stone represents the lawyers legal philosophy of 19th century which marked a new era in juristic thinking. He termed jurisprudence as lawyer's extra version. That is, the lawyers interpret law in the light of knowledge derived from other disciplines, law has to function and co-exist within the parameters of social dynamics in keeping with human development and contemporary societal norms. It cannot be studied in isolation, being an integral part of society. He considers knowledge of social, economic and political problems essential for lawyers and judges without which they cannot handle the legal problems of the society.

Ques 3: Who has spoken that "Jurisprudence is the Lawyer's extraversion".

1. Salmond
2. Blackstone
3. Holland
4. Julius Stone.

[U.P.P.C.S 2002]

Ques 4: The Province and Function of Law" named book was written by

1. Hart
2. Kelson 
3. Pound
4. Julius Stone

[U.P.P.C.S.(J) 2013]

Julius Stone : Julius stone represents the lawyers legal philosophy of 19th century which marked a new era in juristic thinking. He termed jurisprudence as lawyer's extra version. That is, the lawyers interpret law in the light of knowledge derived from other disciplines, law has to function and co-exist within the parameters of social dynamics in keeping with human development and contemporary societal norms. It cannot be studied in isolation, being an integral part of society. He considers knowledge of social, economic and political problems essential for lawyers and judges without which they cannot handle the legal problems of the society.

 

Ques 5: Austin's book "the province of Jurisprudence Determined" is

1. His autobiography
2. The lectures delivered in the London University.
3. An answer to an essay by Gray on parliamentary Government.
4. None of the above

[U.P.P.C.S(J) 2015]

Province of jurisprudence Determined : Austin define law in order to establish the province of jurisprudence. He devoted as many as six lectures to explain the nature of law in his classic work Province of jurisprudence Determined which was published in 1832.

Ques 6: 'Jurisprudence is the scientific synthesis of the essential principle of law' said:

1. Holland
2. Pound
3. C.K.Allen
4. Ihring

[U.P.P.C.S 2010]

Dr. Allen : The noted English jurists Dr. Allen has defined jurisprudence as 'The scientific synthesis of the essential principle of law'.

Ques 7: Who amongst the following said that jurisprudence is the philosophy of positive law.

1. Gray
2. Holland
3. Hart
4. Austin.

[U.P.P.C.S 2001]

John Austin : Austin calls jurisprudence as the "Philosophy of positive law". He was the first jurist to make jurisprudence as a science. by the term "Positive law" he meant 'jus positivism', that is law laid down by a political superior for commanding obedience from his subjects. Austin pointed out that science of law is concerned with law as it is and not as it ought to be, which he considers as the science of legislation. In order to determine the meaning and scope of jurisprudence, Austin distinguishes law from those of customs and ethical abstract ideas. he preferred to divide jurisprudence into two parts, namely 

1. General Jurisprudence 
2. Particular Jurisprudence

Ques 8: The distinction between general and particular jurisprudence was recognised by:

1. Holland
2. salmond
3. Austin 
4. Kelson

[U.P.P.C.S 2001]

 

General Jurisprudence : The science concerned with exposition of the principles of nations which are common to all the systems of law.

Particular Jurisprudence: Particular Jurisprudence is concerned with specific State or national law or particular area of such State law. For example, the study of the Indian Legal system itself or property law of India is the subject matter of particular jurisprudence.

Ques 9: Which of the following writers has divided jurisprudence into Particular jurisprudence and General Jurisprudence:

1. Austin
2. Bentham
3. Holland
4. Salmond

[Rajasthan P.C.S 2007]

General Jurisprudence : The science concerned with exposition of the principles of nations which are common to all the systems of law.

Particular Jurisprudence: Particular Jurisprudence is concerned with specific State or national law or particular area of such State law. For example, the study of the Indian Legal system itself or property law of India is the subject matter of particular jurisprudence.

Ques 10: A comparative method of study in law was introduced by:

1. Savigny
2. Maine
3. Hart
4. Kelsen.

[U.P.P.C.S 2004]

Ques 11: who was the first jurist to study comparative aspect of law:

1. Savigny 
2. Austin
3. Kelson
4. Maine

[U.P.P.C.S 2009]

Historical Comparative Method : Comparative method of study for the purpose of a project on law reform was found useful by the scholars of historical school. Professor H.C. Gutteridge affirms that " Comparative law denotes a method of study and research and not a distinct branch or department of law. The scope for the comparative approach to study of law has immensely widened with the advances in legal literacy and exchange of legal knowledge between various countries." To quote an illustration, the 42nd Report (1971) of the Law Commission of India on the reforms in the Indian Penal Code drew heavily on the comparative material from several continental countries such as US Criminal Law and other sources.

The material available for comparative study of law may vary in form and include Code, law books, reports of law reform agencies and so on. Finding this method is relatively easy and more useful the 19th century legal thinkers devoted their attention to comparative legal sources. The jurists made a comparative study of the legal institutions of various communities to trace the evolution and development of law. They applied comparative method in the study of law with the object of enabling the legal philosophers to construct abstract theories of law or to assist the historian in tracing the origins and evolution of legal concepts and institutions. This distinguishing feature of this method of comparison was that it did not consist of mere description of differences which existed between the concepts, rules or institutions of the laws under examination, but also probed more deeply into the matter with a definite purpose in law. This helped considerably in unification of divergent laws.Sir Henry Maine is considered to be the forerunner of this approach to law. 

Ques 12: Who said that "Jurisprudence is the eye of law":

1. Maine
2. Savigny
3. Pound
4. Laski

[U.P.P.C.S 2001]

Jurisprudence is the eye of law : Eyes are the most important part of human without eyes a man cannot see anything, unless man can see anything he cannot do any work. Thus eyes are the most important organ of human body. The jurisprudence functions for law in the same manner as the eyes do in the human body. The interpretation of law is very difficult task, it cannot be done without the help of jurisprudence. It trains the mind of lawyers into legal ways of thought and enables them to bring to bear on his work that legal acumen which is essential for his task. The main function of jurisprudence is to study the origin of law, its development and its contribution towards society. The matters to birth, marriages, death, succession, etc., are equally controlled through law. 

Ques 13: The law means--

1. The entire body of rules in a State
2. A particular
3. The rules of morality
4. The rules of natural Justice

[U.P.P.C.S 2001]

What is Law 

Law in its most general and comprehensive sense means any rule of action and includes any standard or pattern to which actions are or ought to be confirmed. In its judicial sense, 'law' means a body of rules of conduct, action or behaviour of persons, made and enforced by the State. 

Sir T.E. Holland pointed out that the term 'law ' is employed in jurisprudence not in the sense of the abstract idea of order, but in that of the abstract idea of rules of conduct.Therefore "a law" on the sense of rule of action, is a preposition commanding the doing or abstaining from doing, certain classes of acts, disobedience to which is followed, or is likely to be followed, by some sort of penalty or convenience.

Ques 14:"Jurisprudence is the Scientific Synthesis of essential principle of law" has been said by:

1. Allen
2. Holland
3. Bentham
4. Austin

[U.P.P.C.S (J)2015]

Dr. Allen : The noted English jurist  Dr. allen has defined jurisprudence as 'the scientific synthesis of the essential principles of law'.

Ques 15: Jurisprudence is the "Scientific Synthesis of essential principle of law" is the statement of the following:

1. H.L.A. Hart
2. Julius Stone
3. Friedmann
4. C.K. Allen

[U.P.P.C.S.(J) 2018]

Dr. Allen : The noted English jurist  Dr. allen has defined jurisprudence as 'the scientific synthesis of the essential principles of law'.

Ques 16: "Jurisprudence is the philosophical aspect of the knowledge of law" has been said by

1. Salmond
2. Dias
3. Cicero
4. Paton

[U.P.P.C.S.(J) 2015]

Cicero :  defines jurisprudence as the philosophical aspect of knowledge of law.

Ques 17: "Jurisprudence is the knowledge of things, human and divine; the science of just and unjust". has been said by

1. Keeton
2. Ulpian
3. Julius tone
4. Autin

[U.P.P.C.S.(J) 2015]

Ulpian : Ulpian, the celebrated Roman jurist defined jurisprudence as "the observation of things human and divine, the knowledge of the just and unjust." It connotes more or less the same meaning as the term 'Dharma' under the hindu jurisprudence and covers the province of religion, ethics and philosophy.

Ques 18: "Jurisprudence is the Knowledge of things, human and divine; the science of just and unjust" .

The statement is of 

1. Keeton
2. Savigny
3. Ulpian
4. Austin

[U.P.P.C.S.(J) 2016]

Ulpian : Ulpian, the celebrated Roman jurist defined jurisprudence as "the observation of things human and divine, the knowledge of the just and unjust."

Ques 19: "Jurisprudence is the philosophical aspect of Knowledge of law". Said by : 

1. Austin
2. Kelson
3. Laski
4. Cicero

[U.P.U.D.A 2006]

Cicero : defines jurisprudence as the philosophical aspect of knowledge of law.

Ques 20: Who amongst the following said that "jurisprudence is the formal science of positive law":

1. Holland
2. Salmond
3. Austin
4. Bentham

[U.P.P.C.S. 2000]

Holland : Sir Thomas Erskine Holland defines jurisprudence as 'the formal science of positive law'. Stammler also defines jurisprudence in similar terms. According to them jurisprudence should only concern itself with the basic principles or concepts underlying any natural system of law. Holland defines positive law as a general rule of external human action enforced by a sovereign political authority. He calls jurisprudence as a 'Formal' science as it deals not with concrete details but only with the fundamental principles underlying them.