Introduction to Jurisprudence

Jun 12, 2024

Lecture Notes: Introduction to Jurisprudence

Welcome and Introduction

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Overview of Jurisprudence

  • Term Origin: Latin words 'Juris' (law) and 'Prudentia' (knowledge).
  • First Usage: English, 1628.
  • Meaning: Knowledge of law.

Definitions by Key Authors

  1. Austin: Analytical Approach

    • Main Idea: Law as a command of the sovereign
    • Division: Two parts - Examination of law as it is and ought to be
    • Major Works: 'The Province of Jurisprudence Determined'

  2. Jeremy Bentham: Father of Jurisprudence

    • Main Idea: Expository (law as it is) and Censorial (law as it ought to be)
    • Major Works: 'An Introduction to the Principles of Morals and Legislation'

  3. Holland:

    • Major Work: 'Elements of Jurisprudence'
    • **Definitions: Law as a formal science of positive law.

  4. Salmond:

    • Main Idea: Science of the first principles of civil law
    • Division: Generic (entire body of law) and Specific (particular departments)
    • Major Works:
      • 'Jurisprudence'
      • Separate Divisions: Analytical, Historical, Ethical

  5. Pollock:

    • Definition: Science of the rules of external human conduct recognized by the state.

  6. Keeton:

    • Key Term: Scientific synthesis of essential principles of law
    • Major Work: 'The Elementary Principles of Jurisprudence'

  7. Roscoe Pound: Social Engineering

    • Main Idea: Law as a tool for social engineering.
    • Major Works:
      • 'An Introduction to the Philosophy of Law'

Practical Insights and Application

  • Utility: Importance of jurisprudence for serious scholarship and law practice.
  • Concepts: Improves logical analysis, assists lawyers in understanding and applying legal principles.
  • Significance: Emphasizes the necessity for empirical and aprioristic approaches in studying law.

Final Thoughts and Upcoming Topics

  • Next Session: Sources of law
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Conclusion

  • Session ends: Questions and adjustments for understanding.
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