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DEFINITION OF JURISPRUDENCE BY JOHN AUSTIN, • DEFINITION OF JURISPRU...
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#SALMOND_definition_of_jurisprudence
he said that jurisprudence is science of civil law by law he meant law of the land or civil law .
He makes distinction between the use of term jurisprudence in the generic and specific sense.
Generic or wider sense - it includes entire body of legal doctrines. In this sense jurisprudence is a science of civil law. if we define the jurisprudence with a generous and initial vision then all the legal principles are implicit in it. this is the knowledge of law. In this view all the books of the law are the books of the jurisprudence.
The meaning of the word used by
Salmond in their definition are as under
a) law - law is the body of principle recognised and applied by the state in the administration of justice. According to Salmond only those body of principles can be called law which are applied by the court of the state in the administration of justice.
b) Civil law - The term civil law derived from the Latin word 'civitas' which means state. Thus civil law means law made by the state. According to Salmond the term civil law does not include international law and since jurisprudence is a science of civil law international law is outside the scope of jurisprudence.
c) Science - Science comes from the Latin word that means knowledge. Science is a systematic knowledge of a thing same as a jurisprudence is the systematic knowledge of law, therefore Salmond said that Jurisprudence is a science of law.
2) Specific / Narrow sense - This deals with the particular department or any portion of the Doctrine.
In specific sense jurisprudence is the science of the first principle of the civil law. They mean the fundamental principle of law that are the basis of the Civil law in different countries these fundamental principle that is the first principle is the subject matter of jurisprudence. jurisprudence studies that micro or ideal principles which are the basis of legal system of any country.
Specific jurisprudence is divided into 3 parts:
1) Analytical, Expository or Systematic.
2) Legal History.
3) The Science of Legislation.
Criticism
1) The definition of Salmond is narrow and Limited - it is limited to the first principel only which separate the secondary principel from the scope of jurisprudence. due to which the importance of secondary principel caeses
2) Mixing of justice with law - This statement of Salmond is incorrect that only those body of principles can be called law which are applied by the court of the state in the administration of justice. because every law is not implemented by the court many laws are implemented by the Parliament.
3) Not accept International Law as Law Salmond has not included the International Law in its definition of law so their definition is restricted and Limited.