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 lawyers extraversion .It is the lawyers 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 Austins 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 Austins 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 lawyers extraversion .It is the lawyers 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 Xs book might be called a study in
Economic jurisprudence ,Ys book an example of philosophical jurisprudence and Zs 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 &ethics 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 lawyers 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 , lawyers 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 lawyers 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.
Pounds 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 lawyers extraversion .It is the lawyers 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.Hes 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 mans 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 mans 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
isthe 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 communitys law are reflected its culture ,its ideology and its
Miranda .On the high level of its law is perceived the glory of a countrys civilization-the depth of its
positive ethics..Hence the relationship B/W Jurisprudence And Ethics.
Jurisprudence And Economics
Economic studies mans 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 peoples 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.