Phillip Gordon Mules
Philosophy Of Law, Jurisprudence, Legal Theory, Legal Philosophy, Business Research & Legal Research
Friday, 4 November 2016
Sunday, 18 September 2016
Saturday, 17 September 2016
Saturday, 10 September 2016
Review: Approaches to Social Research

My rating: 5 of 5 stars
All in all, this book is incredibly well-structured and it is a joy to read. It guides the reader step-by-step towards understanding what social research is all about. A great resource for students studying research.
View all my reviews
Nature And Scope Of Jurisprudence
PHILLIP GORDON MULES
Nature and Scope of Jurisprudence
What is Jurisprudence?
There is no universal or uniform definition of Jurisprudence since people have different ideologies and notions throughout the world. It is a very vast subject.
When an author talks about political conditions of his society, it reflects that condition of law prevailing at that time in that particular society. It is believed that Romans were the first who started to study what is law.
Jurisprudence- Latin word ‘Jurisprudentia’- Knowledge of Law or Skill in Law.
-Most of our law has been taken from Common Law System.
-Bentham is known as Father of Jurisprudence. Austin took his work further.
Bentham was the first one to analyse what is law. He divided his study into two parts:
1. Examination of Law as it is- Expositional Approach- Command of Sovereign.
2. Examination of Law as it ought to be- Censorial Approach- Morality of Law.
However, Austin stuck to the idea that law is the command of the sovereign. The structure of English Legal System remained with the formal analysis of law (Expositional) and never became what it ought to be (Censorial).
J. Stone also tried to define Jurisprudence. He said that it is a lawyer’s extraversion. He further said that it is a lawyer’s examination of the percept, ideas and techniques of law in the light derived from present knowledge in disciplines other than the law.
Thus, we see that there can be no goodness or badness in law. The law is made by the State so there could be nothing good or bad about it. Jurisprudence is nothing but the science of law.
Subscribe to:
Posts (Atom)