Jurisprudence and Other Social Sciences
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JURISPRUDENCE AND OTHER SOCIAL SCIENCES: A CORRELATION A PROJECT REPORT Submitted to the University of Rajasthan Jaipur Department of law FYILC (As per requirement of fifthth semester)
B.A.LLB.(HONS). Examination- 2010
Under Supervision of by MRS. NAMITA JAIN Faculty Lecturer FIVE YEAR LAW COURSE
Submitted AJIT YADAV V SEMESTER ROLL NO: 07
University of Rajasthan
FYILC UNIVERSITY OF RAJASTHAN JAIPUR CERTIFICATE This is to certify that AJIT YADAV , a student of B.A LL.B( V Semester), Rajasthan University, Jaipur has written this project entitled "JURISPRUDENCE AND OTHER SOCIAL SCIENCES: A CORRELATION" under my supervision and guidance. It is further certified that the candidate has done a sincere efforts in this work on the topic mentioned above.
MRS. NAMITA JAIN Supervisor
ACKNOWLEDGEMENT I have written this presentation entitled
"JURISPRUDENCE AND OTHER SOCIAL SCIENCES:A CORRELATION" under the supervision of Mrs. Namita Jain, Faculty Lecturer, University Five Year Law College, Jaipur.
I find no words to express my sense of gratitude for Mrs. Namita Jain, Faculty lecturer for providing the necessary guidance and constant encouragement at every step of her endeavour. The pains taken by her in the scrutiny of the rough draft as well his valuable suggestions to plug the loopholes therein have not only helped immensely in making this work see the light of the day, but above all, have helped in developing an analytical approach to this work. I am grateful and thankful to Prof. (Mrs.) Mridul Srivastava, Director of FIVE YEAR LAW COURSE, Rajasthan University, Jaipur for her cooperation and guidance. Further I am grateful to my learned teachers for their academic patronage and persistent encouragement extended to me. I am highly indebted to the office and Library Staff of the Five Year Law Course, Rajasthan University, Jaipur for the support and cooperation extended by them from time to time. I cannot conclude with recording my gratefulness to my friends for the assistance received from them in the preparation of this
project for which I am indebted to them. Ajit Yadav. Student of B.A.LLB. Fifth Semester FYILC University of Rajasthan, Jaipur Roll No. 07 CONTENTS
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Certificate Acknowledgement Introduction Inter-relation of jurisprudence and other social sciences Conclusion Bibliography & webliography
INTRODUCTION Meaning of Jurisprudence:
It is difficult to give a universal and uniform definition of jurisprudence. Every jurist has his own notion of the subject matter and the proper limits of jurisprudence depend upon his ideology and the nature of society. The study of jurisprudence started with Romans. The Latin equivalent of “jurisprudence” is jurisprudentia1. The term jurisprudentia is consists of two words (1) Juris (2) Prudentia. The term juris means law and the term prudentia means knowledge/ skill .Therefore, the term jurisprudence means knowledge of law or skill of law.
Definition of Jurisprudence: Some Juirsts defines jurisprudence as follows:
1. Austin – According to the Austin, the science of jurisprudence is concerned with positive law, with laws strictly so-called. It has nothing to do with goodness or badness of law. 2. Salmond – He defines jurisprudence as “the science of law”. By law he means the law of land or civil law. 3. Sir Thomas Erskine Holland – He defines jurisprudence as “the formal science of positive law”. It is a formal or analytical science rather than a material science.The term positive law means the general rule of external human action enforced by a sovereign political authority. 4. Keeton – He considers jurisprudence as “the study and systematic arrangement of the general principles of law”. 5. Gray – He says jurisprudence is “ the science of law, the statement and systematic arrangement of the rules followed by the courts and the principles involved in those rules”.
INTER-RELATION OF JURISPRUDENCE AND OTHER SOCIAL SCIENCES Jurisprudence is closely inter-related with other social sciences since all of them are concerned with human behaviour in society.Pointing out the relationship
between jurisprudence and other social sciences, ,G.M Paton observed that ,“ modern jurisprudence trenches on the fields of social science and of philosophy; it ndigs into the historical past and attempts to create the symmetry of a garden out of the luxuriant chaos of conflicting legal systems.” Julius Stone explained the relation between them as, “ Jurisprudence is the lawyer’s extraversion.” Roscoe Pound who propounded the theory of law as a “social engineering” also said that jurisprudence is closely interrelated with other social sciences which though distinct enough as the core, are shade into each other. In simple words we can say that different branches of knowledge are so inter-related that none of them can be studied in isolation. All social sciences stand in close connection with one another. All of them study the actions of human beings living in society, through from different angles and with different ends. Relation between Jurisprudence and other social sciences:-
Firstly, Jurisprudence and Sociology – The attitude of sociologists towards law is different from that of a lawyer who, in his professional capacity, is concerned with the rules which have to be obeyed by the people. He is not interested in knowing how and to what extent those rules actually govern the behaviour of the ordinary citizens. There is separate branch of sociological jurisprudence based on sociological theories and is essentially concerned with the influence of law on society at large, particularly social welfare. In the case of crime in society, its causes are to a very great extent sociological and to understand their pros and cons, one must have knowledge of society. Sociology helped jurisprudence in its approach to the problem of prison reforms and suggested ways and means of preventing social wrongs. Behind all legal aspects, there is something social. The causes of crimes are partly sociological and an understanding of sociology helps the legislators in their task of prison reform and prevention of crime. The birth and growth of sociology has given a new orientation to the study of jurisprudence.
Secondly, Jurisprudence and Psychology – Psychology has been defined as the science of mind and behaviour. It is recognized that no human science can be discussed properly without a thorough2 knowledge of human mind and hence its close connection with jurisprudence. In the study of criminal jurisprudence, there is great scope for the study of psychological principles in order to understand the criminal mind behind the crime. It is duty of a lawyer to understand the criminal and the working of a criminal mind.
Jurisprudence is concerned with man’s external conduct and not his thoughts and mental processes, but penology3 has benefited from the knowledge made available by psychological researches.
Third, Ethics and Jurisprudence – Ethics4 has been defined as the science of human conduct. It deals with how man behaves and what should be the ideal human behaviour. Ethics is concerned with good or proper human conduct in the light of public opinion. Jurisprudence is related to positive morality in so far as law is considered as the instrument through which positive ethics tries to assert itself. Positive morality is not depends upon the good action of good man only.
Fourth, Economics and Jurisprudence – Economics studies man’s efforts in satisfying his wants and producing and distributing wealth. Economics is the science of wealth and jurisprudence is the science of law. There is a close relation between the two. Economics problems arise from day to day and it is duty of the law-giver to tackle those problems. Jurisprudence teaches legislators5 how to make laws which will promote social and economic welfare. Both economics and jurisprudence aim at the betterment of the lives of the people. The intimate relation between economics and jurisprudence was first emphasized by Karl Marx and the interpretation of jural6 relation in the light of economic factors is receiving serious attention at the hands of jurists.
Fifth, History and Jurisprudence – History studies past events in their different perspectives7. The relation between jurisprudence and history is so close that there is a separate historical school of jurisprudence. History furnishes the background in which a correct idea of jurisprudence can be realized.
Sixth, Jurisprudence and Politics – Friedman rightly points out that jurisprudence is linked at one end with philosophy8 and at the other end with political theory. Politics deals with the principles governing governmental organization9. In a politically organized society, there exist regulations which may
be called laws and they lay down authoritatively what man may do and what they may not do.
CONCLUSION Jurisprudence is the eye of law. It is the grammar of law. It throws light on the basic ideas and the fundamental principles of law. But a jurist has to study the social sciences for the study of jurisprudence. Different branches of knowledge are so inter-related that none of them can be studied in isolation. All social sciences stand in close connection with one another. All the social sciences must be co-workers and emphatically all must be co-workers with jurisprudence. All social sciences are the study of man in society. It is the study of human interrelations and interactions. The field of social sciences has the whole life of men struggle in society, all the activities whereby men maintain them selves in the struggle for existence. Law is concerned with the study of entire body of legal principles. Law controls and regulates a subject i.e. a citizen. The knowledge of jurisprudence and social sciences help each other o take into consideration of the human and sociological aspects Jurisprudence was the first of the social sciences to be born. Of all men, judges and legislators were the first that found them selves compelled to seek a clear and conscious knowledge of the principles according to which human beings live together. Such knowledge of the foundations of society was first acquired by learning to distinguish right and wrong. This preceded by a long way any merely theoretical curiosity and was produced by the necessities of life.
BIBLIOGRAPHY & WEBLIOGRAPHY 1. JURISPRUDENCE AND LEGAL THEORY - V.D.MAHAJAN. 2. SOCIOLOGY – Dr. S.R.MYNENI. 3. HUMAN SOCIOLOGY – DIPANKAR GUPTA.
1. en.wikibooks.org/wiki/French. 2. lawandotherthings.blogspot.com. 3. books.google.co.in.