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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).
for the

Examination- 2010
Paper-I (Jurisprudence)

Under Supervision of Submitted


by
MRS. NAMITA JAIN AJIT YADAV

Faculty Lecturer V SEMESTER


FIVE YEAR LAW COURSE 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

Sr.no. Topic Page


no.
1. Certificate i
2. Acknowledgement ii
3. Introduction 1
4. Inter-relation of jurisprudence and other social 2
sciences
5. Conclusion 4
6. Bibliography & webliography 5

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 inter-
relations 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.

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