JURISPRUDENCE It is very difficult to give a universal and uniform definition of jurisprudence.based on ideology and nature of the society every jurist has his own notion of the subject matter and proper limits of jurisprudence . Coz-Growth and development of law-in diff countries- under diff social and political condition -Word used for “LAW” –in diff countries-diff meanings.no synonyms meaning for word ‘law’ from 1 language to other.eg Jurisprudence-english sense ; French-refers to ‘case law’. *New probs and new new issues-demandnew solution&interpretation –therefore scientific invention brought ppl closer-helpd for universalization of ideas and thoughts&development of common terminology. JURISPRUDENCE –Romans-latin equivalent-jurisprudentia- means ‘knowledge of law’ / ‘skill in law’. Romans: definitions are vague and inadequate –but gave idea of legal science independent of the actual institutuin of particular society Ulpian: “The knowledge of the things divine and human , the science of just and unjust “ Paulus: “ The law is not to be deduced from the rule , but the rule from the law “ JURISPRUDENCE- not in use during early formative period of common law but as meaning little more than skill/study of law- acquire technical significance in time of Bentham and disciple Austin In early part of 19th century Bentham-distinguished b/w expositorial (examination of law) & censorial jurisprudence(as it ought to be) Work mainly of Formal analysis of the structure of english law. Pioneered in analytical exposition & Austin-developed-dominated the legal thought. Jurisprudence today-more broader and sweeping sense than what Austin understood it Buckland: “The analysis of legal concepts is what jurisprudence meant for students in the days of my youth .Infact it meant Austin .He was religion ;today he seems to be regarded rather as a disease” Julius stone: “The lawyer’s extraversion .It is the lawyer’s examination of the precepts , ideals , and techniques of the law in the light derived from present knowledge in disciplines other than the law”. Lord Radciffe : “You will not mistake my meaning or suppose that I deprecate one of the great humane studies if I say that we cannot learn law by learning law .If it is to be anything more than just a technique ,it is to be so much more than itself:a part of history ,a part of economics and sociology ,a part of ethics and philosophy of life”
Austin –The science of jurisprudence is concerned with positive law , with “law strictly so-called”.it has nothing to do with the goodness or badness of law .divided subject into General jurisprudence and Particular jurisprudence.which differs from each other not in essence but in their scope General jurisprudence 1.The science concerned with the exposition of principles , notions and distinction which are common to all systems of law ,understanding by system of law the ampler and maturer systems which by reasons of their amplitude and maturity are pre-eminently pregnant with instructions”.
Particular jurisprudence 1.It is the science of any actual system of law or any portion of it.The only practical jurisprudence is particular.
2.The fields are wider than particulr.jurisprudence.
2.The fields are narrower than gen.jurisprudence.
3.It is the province of general , pure or 3.It is confined to a particular country or abstract jurisi prudence to analyse and sometimes to a particular area too systemize the essential elements underlying the indefinite variety of legal rules without special reference to the institution of any particular country. 4.It is an attempt to expound the fundamental principles and broadest generalization of two or more systems.
4.Its principle are coloured and shaped by concrete details of a particular system
5.It take data from system of more than one 5.It take data from particular system of law. state Eg:possession is accepted as one of the nine-tenth of its right through out the world/recognized by all system of law.
Eg:period of possession differs from one country to another
. Criticism of Austin classification of jurisprudence-Mainly-Impracticability Salmond: Jurisprudence is a social science which deals with social institution governed by law .It studies them from the point of view of legal significance. He points out error in Austin’s idea of gen.jurisprudence &assumes that unless a legal principle is common to many legal systems,it cannot be dealt with gen.jurisprudence. Jurisprudence is one integral social science. There may be many schools of jurisprudence and different system of law.but not different kinds of jurisprudence. The distinction is not proper.Therefore it is not correct to use roman, hindu,English jurisprudence.
Holland: He points out that study of particular legal system is not a science .thus it is only the material which is particular and not the science itself& assumes that law has same characteristics all over the world but that is not opposed to human experience. Giving eg . ofGeology of England says” a science is a system of generalization which , though may be derived from observat ion over limited area will hold good everywhere assuming the subject matter of the science to possess everywhere the same characteristics” Again “ Principles of Geology elaborated from the observation of England alone hold good all over the globe in so far as the substances and the forces are everywhere present and the the principles of jurisprudence ,if arrived at entirely from English data , would be true if applied the particular law o f any other community of human beings ,assuming them to resemble in essentials to the human beings who inhabited England” Maitland: “Races and nations do not travel by the same roads and at the same rate” Lord Bryce: ” The law of every country is the outcome and result of the economic and social conditions of the country as well as the expression of its intellectual capacity for dealing with these conditions.” Buckland : He points out that gen.jurisprudence does not adhere it to practice.”Law is not a mechanical structure like geological deposits;it is a growth and its true analogy is that of biology” Savigny: “ law grows with the growth and strengthens with the strength of people and its standard of excellence will generally be found at any given period to be in complete harmony with the prevailing ideas of the best class of citizens” Puchta: The progress in the formation of law accordingly keeps pace with the progress in the knowledge of the people of the facts which they observe and hence it is that law has it provincialism no less marked than language” Dias And Hughes : points out serious ambiguities in Austin’s def. of .Gen.jurisprudence *No criterion for amplitude and maturity *No explanation –common principles- are fact found to be common (or)for some reason those which are found necessarily common. *No demonstration –notions in his book –are truth shared by “ampler & natural system” *substance of his book-Drawn from English law with occasional superficial references to roman law. Therefore his jurisprudence is essentially ‘particular’ Sir Thomas Erskine Holland –Jurisprudence -Follow Austin but adds the term ‘formal’ “It is the formal science of positive law” Formal-means “That which concerns only the form and not its essence” Formal science is one which describes only the form or the external side of the subject and not its internal contents Positive law –“The general rule of external human action enforced by a sovereign political authority” “Jurisprudence is therefore not the material science of those portions of law which various nations have having legal consequences “ “Jurisprudence deals rather with the various relations which are regulated by legal rules than with the rules which themselves regulate these relations” “The assertion that jurisprudence is a general science may perhaps be made clearer by an example. 1)If any individual accumulate a knowledge of every European system of law ,holding each part from the rest in the chambers of his mind ,his achievements would be best described as an accurate acquaintance with the legal systems of Europe.If each of these systems were entirely unlike the rest
except when the laws had been transferred from one to the other ,such a distinguished jurist could do no more than endeavour to hold fast and avoid confusing with heterogenous information of which he had possessed. Suppose-as is the case-law of every country contain common element –that have been constructed in order to effect similar objects-involve the assumption of similar moral phenomena as existing everywhere-then such a person mi8 proceed to frame out out of his accumulated material –a scheme of purposes,methods,ideas –common to every system of law. Such a scheme would be formal science of law ,presenting many analogies to grammar, the science of those ideas of relation which in greater or less perfection and often in most dissimilar ways are expressed in all languages of mankind. 2)Just as the similarities and differences in the growth of the different languages are collected and arranged by comparative law philology and the facts thus collected are the foundation of abstract grammar,so comparative law collects and tabulates the legal institution of various countries and from the results thus prepared the abstract science of jurisprudence is enabled to set forth an orderly view of ideas and methods which have been realized in actual systems Eg: comparative law to ascertain what at different times and places -period of prescription or requisite for good marriage .thus jurisprudence should elucidate meaning of prescription in relation to marriage or action or legal aspects of marriage and its connection with family and property. Criticism of Holland definition jurisprudence Gray :”Jurisprudence is,in truth ,no more a formal science than physiology .As bones and muscles are the subject matter of physiology so the acts and forbearances of men and the event Which happen to them are the subject matter of jurisprudence and physiology could as well dispense with the former as the jurisprudence with the latter “ Again “The real relation of jurisprudence to law depends upon not what law is treated but how law is treated.A treatise on jurisprudence may go into the minutest particulars or to be confined to the most general doctrines and in either case deserves the name ;what is essential to it that it should be an orderly ,scientific treatise in which the subjects are duly classified and subordinated” Dr.Jenks: “Can jurisprudence be truly said to be purely formal science?Not it is submitted unless the word ‘formal’ be used in a strained and artificial sense .Itis true that a jurist can recognize a law by its form ;for it is the form which has been said,causes the manifold matter of the phenomena to be perceived .But the jurist ,having got the form as it wewr , on the operating table ,has to dissect it and ascertain its meaning .Jurisprudence is concerned with means rather than with the ends,though some of its means are ends in themselves .But to say that jurisprudence is concerned only with forms is to degrade it from the rank of science to that of a craft” Prof.Platt:”Without resorting to acts and forbearances and to the state of facts under which they are commanded law cannot be differentiated at all;no so much as the bare framework of its chief enmost general conception of ownership or contract would be like trying to make bricks not merely without straw but without clay as well.” Holland definition seems to be good-no reasonable reason to criticize it –Gray –acc to him scientific treatise of any dept of the law may be described as jurisprudence-such usage is common ,but if we understand jurisprudence as ”the science of law in general”-we must admit it to be misapplication of a ponderous quadrisyllable Dr.Jenks seems to confuse formal science with formalistic manner of dealing with science .If jurist attaches undue importance to mere forms takes positive view as the highest law and fails to penetrate to the social forces which would mould the law ,his treatment of his subject would be formalistic and unworthy of great social science.
Salmond :Jurisprudence-“The Science of law “.By law he means law of land or civil law . In that sense jurisprudence is of 3 kinds – 1)expository /systematic –deals with contents of the actual legal system as existing at any time whether in the past or present . 2)Legal history –concerned with the legal system in its process of historical development. 3)science of legislation-set forth the law as it ought to be.it deals with the ideal of the legal system and the purpose for which it exist . The term jurisprudence can be used in 2 senses Generic Jurisprudence Specific Jurisprudence (1.analytical 2.ethical 3.historical) Includes the entire body of legal doctrines Includes particular department of those doctrines. Salmond says:”Primarilly and essentially it is abook on analytical jurisprudence.In this respect ,it endeavour s to follow the main current of English legal philosophy rather than that which prevail upon the continent of Europe ,and which to a large extent ,is primarily ethical in its scope and method”. ”I have not excluded historical and ethical aspect altogether because by their total exclusion ,it is not possible to give complete analytical picture” Criticism of Salmond definition on jurisprudence. Although salmond tried to demarcate the boundary of the subject very carefully he failed to give an accurate and scientific definition .The same word may be used to mean things quite different in nature and many vague notions enter into the domain of the subject. Keeton: jurisprudence as “Study and systematic arrangement of the general principles of law “. *jurisprudence.considers the elements necessary for the formation of valid contract but does not enter into full exposition of the detailed rules of law of contract .(in english law /other system) *Analyses the notions of status and considers the most important eg. But does not consider exhaustively the points in which persons of abnormal status differ from ordinary persons. *Deals with distinction B/W private and public law and considers the content of principal department of law. Pound: “The science of law ,using the law in jurisdical sense as denoting the body of principles recognized or enforced by public and rgular tribunals in the administration of justice” Gray: “ The science of law, the statement and systematic arrangement ules followed by the cours and the principles involved in those rules” Lee:” A science which endeavours to ascertain the fundamental principles of law is the expression .It rests upon the law as established facts ; but at the same time it is apower in bringing law into a coherent system and in rendering all parts thereof subservient to fixed principles of justice”. C.K.Allen : “Jurisprudence is the scientific synthesis of all the essential principles of law” G.W.Paton :” Jurisprudence is a particular method of study ,not the law of one country , but of general notion of law itself.It is astudy relating to law”.
Clarke : “Jurisprudence is the science of law in general.It does not confine to any particular system of law but applies to all systems of law or to most of them. It gives the general ideas ,conception and fundamental principles on which all or most of systems of laws of the world are based” Julius stone: “The lawyer’s extraversion .It is the lawyer’s examination of the precepts , ideals , and techniques of the law in the light derived from present knowledge in disciplines other than the law”. Dias And Hughes : “ Any thought or writing about law other than technical exposition of a branch of law itself”(relation with other disciplines –philosophy , psychology,economics,anthropology and many others.It includes political , social,economic and cultural ideas.It includes whatever law thinks ,says and does in any field of human society) “So if X –Write book about –Economic effect on families of convicted prisoners on their convictions – This could be called contribution to jurisprudence;Y- Write book about- Theories of justice in the ancient world- This could also be called contribution to jurisprudence; Z-Describes –How the development of English case law governed by the psychology of the judges- falls under jurisprudence scope”’ “sometimes qualifying adjectives are tacked on to the noun ,so that X’s book might be called a study in ‘Economic jurisprudence ,Y’s book an example of ‘philosophical jurisprudence” and Z’s book on ‘psychological jurisprudence’ ; but ,with or without the qualifying adjectives it would be within the modern sense of word to describe all three books as works of jurisprudence” Scope Of Jurisprudence 1)Difference of opinion regarding the scope of jurisprudence because of different authorities attribute different meanings and varing premises to law. The Jurisprudence which has been defined as to cover moral and religious precepts-caused confusion.Austin distinguished law from morality &theology and restricted the term to the body of rules set and enforced by the sovereign or supreme law making authority within the realm.therefore scope of jurisprudence was limited to the study of the concepts of positive law ðics and theology fall outside scope. 2).The present view is that scope of jurisprudence cannot be circumscribed/regimented .What was previously considered beyond scope is included @present. It includes all concepts of human order and human conduct in state and society. P.B.Mukerji : “ It is both an intellectual &idealistic abstraction as well as behaviouristic study of man in society .It includes politcal, ,social,economic and cultural ideas.It covers the study of man in relation to the state and society”. Lord Radcliffe: “jurisprudence is a part of history a part of economics,and sociology ,a part of ethics and a philosophy of life . Karl : “jurisprudence is as big as law- and bigger” Thurman W.Arnold : “As the shining but unfulfilled dream of a world governed by reason .For some it lies buried in a system ,the details of which they do not know .For some ,familiar with the details of the system, it lies in the depth of an unreal literature.For others , familiar with its literatre , it lies in the hope of a future enlightment.For all , its just around the corner”
Approach to study Of Jurisprudence
The traditional classification of approaches into analytical ,historical,ethical and sociological has been rejected, New approaches are the empirical and a priori approaches empirical approaches:Proceeds from facts to generalizations .Empirical investigation is often greatly facilitated by a priori concept as a starting point. priori approaches: starts with a generalization in the light of which facts are examined. It must have been constructed on empirical basis. Particular basis approach derives its material from one system of law Comparative basis approach derives its material from more than one system Jurisprudence is regarded primarily as a discipline in how to think for oneself and not something to know .Its value lies in the analysis from which conclusions may be drawn and not the formulation of any final conclusions Significance and utility of Jurisprudence 1)It is sometimes said that Jurisprudence has no practical utility as it is abstract and theoretical subject.salmond does not agree with this .according to him there is own intrinsic interest like other subject of serious scholarship .just as mathematician –investigate number theory-not to put findings to practical use –but reason of fascination.same way writer also.It is as natural to speculate on nature of law as on the nature of light. 2) Jurisprudence also has practical value.Progress in particular field (or improvement in law)is due to increasing generalization ,which unify the previously distinct branches ,simplify the task &enable to solve by single technique whole variety of problems.One of the task of jurisprudence is to construct and elucidate concepts serving to render the complexities of law more manageable &rational. 3) Jurisprudence also has educational value.The logical analysis of legal concepts sharpens the logical technique of the lawyer .the study of Jurisprudence help to combat the lawyer’s occupational view of formalism which leads to excessive concentration on legal rules for their own sake and disregar d of the social function of law.law is to be put in proper context by considering needs of society and taking advances in related &relavant disciplines.(for law of contact-understand economic &eco.theory,criminal law-knowledge of criminology). Jurisprudence teach people that solution to new problems found by consideration on social needs and not in wisdom of past. 4) Jurisprudence is often said to be “the eye of law”.Grammar of law .It throws light on the basic ideas and fundamental principles of law.Holland: “ The ever renewed complexity of human relation calls for an increasing complexity of legal details till a merely empirical knowledge of law becomes impossible” 5)By understanding the nature of law ,concepts , distinction , lawyer’s can find out the actual rules of law.It also helps in knowing the language ,grammar ,the basis of treatment and assumption upon which subjects rests. 6)Through the study of Jurisprudence lawyer’s find logical training to be necessary to detect fallacies and use accurate legal terminology and expression , can tackle new &difficult problem .questionwhether person entitled to property through adverse possession. Jurisprudence helps to tackle such problem. 7) Study of Jurisprudence helps legislator by providing them a precise and unambiguous terminology .It relieves them of defining again and again certain expression such as title,right, duty ,possession etc.
8) Study of Jurisprudence enlightens students and helps them in adjusting themselves in the society without causing injuries to the interest of other citizens. 9) Jurisprudence helps the Judges and Lawyers in ascertaining the true meanings of the law passed by the legislatures by providing the rules of interpretation. 10) The true purpose of Study of Jurisprudence not to be confined to study of positive law but also include normative study .which should deal with improvement of law in the context of prevailing socio economic and political philosopies of time ,place and circumstances M.J.Sethna- value of Jurisprudence lies in examining the consequences of law and its administration on social welfare and suggesting changes for the betterment of superstructure of laws. Pound’s theory of ‘functional attitude’-law regarded as –“ social engineering ,the utility of which should be tested every now and then by the jurist who should improve its quality at every stage .The very vagueness of the concept should serve as a challenge to legal thinkers in the country and that should encourage all lawyers and jurists on an inquiry as to the sense of societal values which should be nursed and nurtured in order to built a proper legal system which will serve as an efficient vehicle of socio –economic justice.” R.W.M.Dias : Study of Jurisprudence is an opportunity for the lawyers to bring theory and life into focus , for it concerns human thought in relation to social existence .Teachers of law hope to encourage their pupils to learn how to think rather than what to know and Jurisprudenceis peculiarly suited to this end.
Relation of Jurisprudence With Other Social Sciences Different branches of knowledge are so interrelated that they cannt be be studied in isolation . All of them stand in close connection with one another and study the action of human being living in the society though from different angles and with different ends. Paton : “Modern Jurisprudence trenches on the fields of social sciences and of philosophy ; it digs into the historical pasts and attempts to create the symmentry of garden out of the luxuriant chaos of conflicting legal systems” Julius stone: “The lawyer’s extraversion .It is the lawyer’s examination of the precepts , ideals , and techniques of the law in the light derived from present knowledge in disciplines other than the law”. Justice McCardie : "There never was atime when the barrister had greater need of a wide culture and of full acquaintance with history ,with economics and with social science”. Pound : “Jurisprudence,ethics , economics ,politics and sociology are distinct core ,but shade out into each other . When we look at the core , the analytical distinction are sound enough .But we shall not understand even that core and much less the debatable ground beyond, unless we are prepared to make continual deep incursions from each into each of others .All social sciences must be coworkers and emphatically all must be coworkers with jurisprudence “
Jurisprudence and sociology DEF :Jurisprudence is the knowledge of law .Among the phenomena studied by sociologist is also law and that makes sociology intimately connected with jurisprudence. The branch of sociological Jurisprudence based on sociological theories is essentially concerned with the influence of law on society at large , particularly social welfare.The sociological approach to legal problems is essentially different from that of lawyer. The attitude of sociologist towards law is different from that of lawyers who , in his professional capacity ,concerned with rules which have to be obeyed by the people.He’s not interested in knowing how and to what extent rules actually govern the behaviour of the ordinary citizen .and but a lawyer essentially frame the rules and execute them in the society. Sociology has 1) helped jurisprudence in its approach to the problems of prison reforms and has suggested ways and means of preventing social wrongs .prior judges and legislators came to their conclusions regarding the effect of punishment by depending upon popular opinion and personal impression but now through precise data through efforts of criminologists.(judge-based on solid facts and nt conjectural).Hanging-against in many country 2)Topics like motives , aims and theories of punishment and efficacy of various types of punishment are helped by sociology 3)The birth and growth of sociology –new orientation to study of jurisprudence. Distinction B/W sociological Jurisprudence (emphasis on relation B/W law and society )and Sociology of law . (emphasis on society)- S.O.L It is an attempt to create a science of social life as a whole and to cover a great part of general sociology and political science.It is a branch of sociology dealing with law and legal institutions in the light of sociological principles , aims and methods . Paton; sociological Jurisprudence can be studied for 3 reasons 1.Enable us to understand better the evolution of law EG: explain on logical basis W/O social interest =interpret graph of vibration of speeding car W/O taking into account road surface. 2.The element of human interest provides a greater substratum of identity than logical structure of lawalthough man’s view of ethics and social needs have changed over time. 3.Germa law-adopted subjective theory of contract; English law-objective approach; each of them forced to adapt theoretical basis to the needs of the modern commerce. Acc to Kelson-jurist not to discuss the questiono of social interests coz such a study essential to lawyer to properly understand the legal system Jurisprudence And Psychology DEF: Psychology has been defined as the science of mind and behaviour .It is recognized that no human science can be discussed properly without a thorough knowledge of the human mind and hence its close connection with jurisprudence. Jurisprudence is concerned with man’s external conduct and not his thoughts and mental processes,but penology has benefited from the knowledge made available by psychological rsearches. In criminal jurisprudence there is a great scope for the psychological principles in order to understand the criminal mind behind behind crime.Therefore it is the duty of lawyr to understand the criminal and working of his mind. Both Jurisprudence And Psychology helps in solving question such as motives for crime , intention , negligence ,criminal personality ,reason for crime in one part of society than other,pleasure of criminal in commiting crime. Type of punishment given in particular case. A school of jurist hold that asanction behind all law is psychological one.
Jurisprudence And Ethics DEF : Ethics has been defined as the science of human conduct .It deals with how a man behaves and what should be the ideal human behaviour.There is a ideal moral code belongs to the province of natural law and positive moral code deals with rules of positive or actual conduct.Ethics is concerned with good or proper human conduct in the light of public opinion .(varies from place to place ,time to time, people to people) 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 just good action of good man bt maintaining public conscience. Ethical jurisprudence tries to examine the existing ethical opinions and standards of conduct in terms of law and makes suggestion for necessary changes so that it can properly depict the public conscience. Many ethical rules of conduct are not considered crime.Many acts are unethical but all unethical acts are not necessarily criminal.Some problems of law are considered undesirable by the society it is that all prohibited by law are not necessarily immoral. For enforcing certain ethical conduct ethics depends on law ,courts,judges, policeand punishment.therefore legislation must be based on ethical principles.and not divorced from human values. Law –regulate the human conduct in present and subordinate the requirements of the individual to the society at large.A jurist must adapt at the science of ethics because he cannot criticize a law unless he examines that law through instrumentality of ethics. Austin-seperated jurisprudence.from ethics. it is that it must not be excluded altogether.When done it is”the formalistic vacuum of the sanctuary of the statebarring the roads to all contact with life or society “.It shall be reduced to “system of rather arid formalism” Dr.Sethna : “ In the mirror of a community’s law are reflected its culture ,its ideology and its Miranda .On the high level of its law is perceived the glory of a country’s civilization-the depth of its positive ethics..Hence the relationship B/W Jurisprudence And Ethics.” Jurisprudence And Economics Economic studies man’s effort in satisfying his wants and producing and distributing wealth. Economics is the science of wealth and jurisprudence is the science of law. Relatin B/W two – Economic factors are responsible for crimes and arises day-to-day.The aim of the economist is to improve the standard of life of the people and develop their personality .Jurisprudence teaches legislators how to make laws which will promote social and economic welfare.therefore law makers duty is to takle those crimes arising out of economic problem.. Thus both aim at betterment of people’s life. The intimate relation between both was first emphasized by karl marx Laws relating to –workmen ‘s compensation , factory ,legislation,labour ,maternity,bonus,leavefacilities ,concessions. Laws for benefits of agriculture-Zamindari abolition Act ,Agricultural Debtors Relief Act .Acts preventing the fragmentation and subdivision of agricultural holdings and regulation of agricultural labour. Jurisprudence And History The relation B/W Jurisprudence And History is so close that there is a separate historical school of jurisprudence .History furnishes background in which a correct idea of jurisprudence can be realized.
Jurisprudence And Politics Politics deal with the principles governing governmental organization .In politically organized society there exist regulation which may be called laws and they lay down authoritatively what men may do and may not. Friedmann :Jurisprudence linked at one end with philosophy and at the other end with political theory. Sythetic Jurisprudence Synthetic Jurisprudence arises from the fact that it is necessary to determine the truth from all aspect and angles .Mere analyzing of the problem(analytical jurisprudence) is not enough .further discussing in the historical aspects of the legal ideas , problem or principles(historical jurisprudence) and ahead in philosophical norms and sociological requirements. The first thing in study of jurisprudence is to understand the fundamental principles analytically .Then turn to historical aspects.We must trace the origin of legal ideas and principles and sources of law .philosophical jurisprudence enable us to trace the philosophical basis of our law and consider legal principles in the light of philosophical norms. sociological Jurisprudence helps us to study the fundamental principles of law. Knowledge is synthetic whole and cannot be divided into water tight compartment .It is our duty to amalgamate half truth to whole truth . synthesis enable us to reconcile the conflicting theories.We analyse, we retrospect ,we compare , we philosphise ,we socialize and we synthesis. The advocates of Sythetic Jurisprudence considers jurisprudence.as study of fundamental legal principles including historical , philosophical ,scientific and sociological basis and including an analysis of legal concepts They point out that jurisprudence is history ;it is philosophy ;it is science and it is concerned with altruistic utilitarianism. Prof.Jerome Hall-Advocate of integrated Jurisprudence-U.S : “If we could cultivate the aesthetic impulse of the system builder ,we would have all interest needed to achieve a significant synthesis of jurisprudential thought”.He want-Legal philosophers –concentrate legl theory –constructed over the centuries by specialists in ontract , tort ,criminal law and other branches of law as bridge B/W jurisprudence and.law. Dean Roscoe Pound :Does not speak of synthetic jurisprudence bt treatment of subject similar to that of Hall. He explains all methods of jurisprudence &various topics in systematic form,after giving account of various schools of jurisprudence.He d eal- nature of law, justice according to law ,scope &subject matter of law,sources,forms and modes of law ,all branches of jurisprudence and applies practically all the recognized methods. Julius Stone: Deals with all kind of jurisprudence in one book philosophical ,historical and sociological, comparative basis and analysis of legal concepts Lord Dennis Lloyd: advocate of Sythetic Jurisprudence-necessity for synthesis. Dr.M.J.Sethna: Strongest exponent of Sythetic Jurisprudence .According to him jurisprudence is study of legal principles ,including their philosophical ,historical and sociological basis and analysis of legal concepts .
Civil Law : It is the body of principles ,decisions , and enactments made ,passed or approved by the legally constituted authorities or agencies in stste for regulating rights ,duties and liabilities and enforced through the machinery of judicial process securing obedience to the sovereign authority in the state. Theory Of Negligence ; Negligence is afaulty behaviour arising out of the lethargy of the mind /faulty thinking .IT is anegative act .It is a failure of the duty to take much care as normal person is expected to tke under the circumstances &both subjective and objective. Quasi –realist Theory : the personality of corporation neither completely real nor truly fictious. Its is a quasi real and quasi fictious. Fiction Theory--- the personality of corporation truly fictious Realist Theory --- the personality of corporation neither completely real View of Dr.M.J.SethnaEvery topic should be fully considered from all angles .Then only a true picture emerges.Eg . subject on property –concept of property,properiotory rights ,personal rights ,legal and equitable rights etc.combining all the type jurisprudence. i.e H.J,A.J.C.J ,S.J and give synthetic discussion under each topic heading W/O separate chapters on each.
