Sameedha Reddy, Thakur Ramnarayan College of Law
Jurisprudence is derived from the Latin term "Jurisprudentia," which meaning "law knowledge." 'Jure' or 'Juris' means 'law' in Latin, while 'prudentia' denotes'skills or knowledge'. Jurisprudence then denotes a practical understanding of the law and its implementation.
Jurisprudence is described as 'knowledge of or ability in law' in Murray's New English Dictionary. According to French law, it refers to the body of judicial precedent as opposed to statutes and expert opinion, among other things. In Germany, jurisprudence is known as "rechts philosophic," or "philosophy of rights," or "law in an abstract sense."
Jurisprudence began in the Roman human progress with the Romans scrutinizing the significance and nature of law. It was very restricted since the ideas of law, ethics, and equity were mistaken for one another. References are likewise made to craft by old Greek savants like Homer, Socrates, Plato, and Aristotle. With the fall of the Roman Empire, the thoughts of Roman and Greek jurisprudence vanished and the Christian State emerged. Later, the authority of the church over the state was tested by the reformist, and thoughts of secularism arose. Numerous hypotheses were proposed with respect to the development and nature of the ‘state’ by rationalists like Hugo Grotius, John Locke, Rousseau, and Blackstone. The Age of Reason in the seventeenth century prompted the development of thoughts of cooperation and social government assistance. Gradually, the possibility of positive law and positivistic methodology acquired prominence whereby the limits of the law were divided and its degree was restricted. By the evolution of time different jurist gave their own interpretation about jurisprudence. In natural law school law was concerned with natural rights based on morals and divine law. In the analytical school, the law was considered as a command of sovereignty. Austin distinguishes law from custom and ethical abstract based. Holland defines jurisprudence as the formal science of positive law. Salmond considered jurisprudence as the science of just principle of civil law.
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