Scope of Jurisprudence
The scope of Jurisprudence has increased over the years. It is generally believed that the scope of jurisprudence cannot be circumscribed.
In broadest sense, Jurisprudence includes all concepts of human order and human conduct in state and in society. Simply put, anything that concerns order in the state and society will be within the domain of jurisprudence.
Justice P.B Mukherjee observed that, “Jurisprudence is both an intellectual and idealistic abstraction as well as behavioural study of man in society. It includes political, social, economic and cultural ideas. It covers the study of man in relation to state and society.”
According to Radcliffe, “Jurisprudence is a part of history, a part of economics and sociology, a part of ethics and a philosophy of life.”
SALMOND observed, “In jurisprudence we are not concerned to derive rules from authority and apply them to problem; we are concerned rather to reflect on the nature of legal rules, on the underlying meaning of legal concepts and on the essential features of legal system.”
In Jurisprudence we ask, what is for a rule to be a legal rule, what distinguishes law from morality, etiquette and other related phenomenon. So Jurisprudence comprises of philosophy of law. The object of Jurisprudence is not to discover any new rule of law but to know and reflect the rules already known.
So, the scope of Jurisprudence is very wide and far beyond any particular law rather it can be said to be genus of all laws.
Contents of Jurisprudence
There are many different views regarding the exact contents of jurisprudence but some of its known and generally accepted contents are:
- Sources – One of the basic feature of any legal system is mainly to be found in its authoritative sources and the nature and working of the legal authority behind these sources. So it is one of the form of content of jurisprudence.
Under this, matters such as custom, legislation, precedent as a source of law, codification of law and its pros and cons, method of judicial interpretation and reasoning, inquiry into the administration of justice etc are included for study.
- Legal concepts – Another essential content of jurisprudence is the analysis of legal concepts such as rights, obligations, property ownership composition, act, negligence, legal personality and the related issues.
All though these concepts have different branches of law, jurisprudence tries to bring out a more comprehensive picture of each of these concepts as a whole. So Jurisprudence furnishes a background for these issues.
- Legal Theory – It is one of the essential component of jurisprudence. Legal Theory is concerned with Law as it exists and functions in the society and manner in which law is created and enforced. It also includes the influence of social opinion and law on each other. Thus, legal theory co-relates law with other disciplines such as religion, philosophy, ethics, politics etc. And study it in a wider socio-legal prospect.