Kinds of jurisprudence

Following are three main kinds of jurisprudence according to salmond

Historical Jurisprudence

Historical Jurisprudence gives the answers of the questions, origin of law, the development of law, evolution of law and philosophy of law. It constitutes the general portion of legal history. It deals with the general principles governing the origin and development of law as also the origin development of legal conceptions and principles found in the philosophy of law.

MAIN FUNCTION OF HISTORICAL JURISPRUDENCE

  • Catalogue the development of law,
  • Allotting to each phase its true position in the completed narrative.
  • It indicates the processes of change, and is therefore descriptive.
  • It is the function of historical jurisprudence to interpret these changes and to expose the forces which have brought them about.

Analytical jurisprudence:

The branch of jurisprudence gives analysis to basic principles of civil and their interpretation. The purpose of this branch of study is to analyse and dissect the law of the land as it exists today. This analysis as the principles of the law is done without reference to their historical origin or their ethical significance. Analytical jurisprudence it examines the relations of civil law with other forms of law, analysis the various constituent ideas of which the complex idea of the law is made up.
For example

  • The state, sovereignty and administration of justice.
  • Investigates the theory of legislation. Judicial precedents and customary law.
  • Inquires into the scientific arrangement of the law
  • Deals with the conception of legal rights and legal liability,
  • Examines such legal conceptions as property, possession, obligations contracts, trusts, personality, intention, motive, negligence, etc, which by the reason of their theorectical interest deserve special attention.

Ethical jurisprudence:

The branch of jurisprudence deals with basic principles of ethics and moral values.Ethical jurisprudence is a branch of legal philosophy which approaches the law from the viewpoint of its ethical significance and adequacy. It deals with the law as it ought to be an ideal state. This area of study brings together moral and legal philosophy. It is connected with the purpose of which the law exists and the manner in which such purpose is fulfilled. Salmond observes that ethical jurisprudence is the meeting point and common ground of moral and legal philosophy of ethics in jurisprudence. Ethical jurisprudence has for as its object the conception of justice, the relation between law and justice

OTHER KINDS OF JURISPRUDENCE

Following are the other kinds of jurisprudence

Philosophical jurisprudence

It deals with philosophy of law. sciences and of philosophy it digs into the historical past and attempts to create the symmetry of a garden out of the luxuriant chaos on conflicting legal systems.

Sociological jurisprudence :

Sociology is the study of men in society. A sociologist considers law as a social phenomenon. The object of sociological jurisprudence is to work upon jurisprudence with reference to the adjustment of relations of ordering of conduct which is involved in group life. A theme of this branch is to study living law in the same manner as a psychologist studies living issue.
The most important branch of legal sociology is penology, which studies the causes of crimes, behavior of criminal and effect of different theories of punishment. The only principle in penology is to find out why a man does wrong to make it not worth his while.

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What is Jurisprudence Meaning and Definition

Where there is a systemize branch of knowledge its science comes into existence, since law is a systemized branch of knowledge, it is a science. The name of the science is Jurisprudence. This word has its routs in the Latin word “Jurisprudentia”. Juris means law and prudentia meaning knowledge. Thus jurisprudence is knowledge of law or skill in law. It is the `science of legal principles and philosophy of law which includes the entire, system of legal doctrine.

Definition of Jurisprudence

In the words of Austin Jurisprudence is concerned with positive law i.e. “positivism” which means that laws are commands. The second- meaning is that the, law as “it is” actually laid down has to be kept separate from the law that “ought to be”.
He divided it into two branches:

  • General and
  • Particular Jurisprudence

General jurisprudence relates with the subjects of law as are common to all systems of law. This field of law is a wider one. Particular jurisprudence is confined only to study of any actual system of law, it talks about it special or particular system of law. In both essence is the same but they differ from each other in their scope.

Salmond Definition

Salmond define Jurisprudence as “the science of law”, here law stands for law of land. In this sense it has three kinds i.e.

  • Systematic jurisprudence. Existing actual legal system in past or in present.
  • Legal History. Process of, historical development.
  • Legislation. To set forth law, as it ought to be.

Jurisprudence is the science of legal principles and philosophy of law, which indicates the entire system of legal doctrine. In short it is the study of the structure of legal system. While jurist means a legal scholar, one who is versed in law.

LLB NOTES-PART-III NTERPRETATION OF STATUTES

  • Interpretation of Statutes-Maxwell
  • General Clauses Act, 1897.

LLB NOTES-PART-III LEGAL DRAFTING

Conveyancing
Pleadings

COURSE CONTENT

  • Drafting by i.C Desouza (Omitting chapter I & II, Part-II) (Major Petitions to Courts).
  • Precedents in India With Precendts by Sir C. Walsh and J.C Weir
  • Dastaweznavisi by penna Lal in Urdu (Latest Edition) only the following 75 forms are prescribed.
  • Receipts No.1
  • Bonds No. 1-2-6-9
  • Agreement 1-5-6-10
  • Mukhtarnama 1-2-3
  • Bainama 1-4-20-23
  • Rahn Nama 1-2-3-5-6-7-9-13
  • Exchange 1-2-3
  • Hiba Nama 1-2-3
  • Talaq Nama 1-2-3-4
  • Wills 1-2-4-5
  • Partnership Deed 1-3
  • Dedication 1-2-8
  • Settlement 1-2
  • Bonds 3
  • Adoption 1-4
  • Marriage 1-2-3
  • Arbitration 1-2-3
  • Notice 1-3-5-8-12-13
  • Musawada 1-2-3-4
  • Promissory Note 1-2-3-4
  • Patta 1-6(b)

BOOKS RECOMMENDED

  • Law of Pleading by Inaytullah.
  • Conveyancing by inaytullah, M
  • Mogah on Pleadings
  • Mogah on Conveyncing
  • Pleadings in India with Precedents by Sir C Walsh & j C Weir.
  • Dastaweznavisi by Penna Lal in Urdu (Latest edition)
  • Drafting by IC DeSouza (Omitting Chapters I &II Part-II (Major petitions to courts)
  • Law of Interpretation by Maxwell and craze
  • Interpretation of Statutes by Chowdhry
  • Interpretation of Pakistan Statutes by Kazi Mohammad Ashraf
  • Interpretation of Statutes by Mazharuddin Ahmad.

LLB NOTES-PART-III LAW OF EVIDENCE AND LEGAL ETHICS

Qanoon-e-Shahadat (Order), 1984
Legal Ethics

COURSE CONTENTS

  • All Provisions of Qanoon-e-Shahadat 1984 as amended up to-date
  • Legal Practitioners and Bar Council Act, 1973 (Sc 22-28 and 41-47)
  • Chapters on Professional Ethics Contained in the Legal Practitioners and Bar Councils Rules, 1976

BOOKS RECOMMENDED

  • Munir on evidence up dated by justice (R) Khalil ur Rehman Khan
  • Law of Evidence by Munir
  • Law of Evidence by Best
  • Law by Evidence by Phipson
  • Law of Evidence by M. Mehmood
  • Qanoon-e-Shahadat by Dr.Hamidullah
  • Principles of Legal Ethics by Prof. Dr C.M Hanif
  • Professional Ethics of the Bar by Anand, C L
  • Road to Justice by Lord Denning
  • A Study of Legal Ethics by Jessup, HW

LLB NOTES-PART-III CRIMINAL PROCEDURE CODE AND MEDICAL JURISPRUDENCE

CRIMINAL PROCEDURE CODE AND MEDICAL JURISPRUDENCE The Criminal; Procedure Code 1898
Medical Jurisprudence

COURSE CONTENTS

  • All provisions of Criminal procedure code 1908 as amended up to date
  • Medical Jurisprudence with reference to Autopsy and Physical Injuries

BOOKS RECOMMENDED

  • Criminal Procedure code commentary by M.H Nizami
  • Criminal Procedure code by Shaukat Mehmood
  • Medical Jurisprudence by Jhala and Raja
  • Medical Jurisprudence for India by Lyon, I B.
  • Textbook of Medical Jurisprudence Toxicology by Modi, N J
  • Textbook of Medical Jurisprudence & Toxicology Parikh
  • Medical jurisprudence by Taylor , A.S

LLB NOTES-PART-III LAW OF CIVIL PROCEDURE

All provisions of the civil Procedure code and limitation Act

  • The Civil Procedure Code-1908
  • The Limitation Act 1908

COURSE CONTENTS

  • All provisions of the Civil Procedure Code. 1908 and
  • All sections of the Limitation Act, 1908. Excluding the Schedule

BOOKS RECOMMENDED

  • Civil Procedure Code Commentary by Aamer Raza A Khan
  • Civil Procedure Code Commentary by Nizami.
  • Civil Procedure Code by Shaukat Mahmood.
  • Limitation Act 1908 Commentary by A M Chaudhry