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Fuller Morality of Law
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Command theory of Austin

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Rule of recognition
Natural law
Pure theory of law by Kelsen

LECTURE 1 What is Jurisprudence?

According to B.Obinna Okere, senior Lecturer, University of Nigeria in his artile the
relevance and teaching of jurisprudence, the term jurisprudence derives from the latin
word jurisprudential which, in its original Roman sense signify a knowledge of the law. For
the Romans, the study of law must be derived from the depths of philosophy and involves
an examination of the human mind and of the human society from which rules of positive
law are distilled. Well a famous definition of jurisprudence is that of the Roman Jurist
Ulpian. According to him, jurisprudence is the knowledge of things human and divine, the
science of the just and unjust. This definition of Ulpian has been criticized in the sense that
the scope of jurisprudence is much narrower and more modest.
Despite its original Roman conception, there is no unanimity among jurists as to the precise
meaning o jurisprudence. Various meanings have been attributed to the term jurisprudence
by different writers at different times. Dias in his book on Jurisprudence expresses the same
idea that the answer to the question, what is jurisprudence is that it means pretty much
whatever anyone wants it mean. The following definitions illustrate the divergence of
conceptions of jurisprudence. According to John Austin, the science of Jurisprudence is
concerned with positive law or with laws strictly so called, as considered without regard to
their goodness or badness. Roscoe Pound also defines it as the science of law. Lloyd also
defines it as the study of general theretical question about the nature of laws and legal
systems, about the relationship of law to justice and morality and bout the social nature of
law. Llewellyn also defines it as including any type at all of honest and thoughtful
generalizations in the field of the legal.
The multiplicity of definitions range from the narrow, restricted definitions of Austin and to
the liberal and compendious definitions of Roscoe Pound.
The many definitions of jurisprudence given above support the view that definitions are
proverbially dangerous and expose the weakness of particularism. A student perplexed by
these varied definitions may ask which of the definitions is the correct definition for
jurisprudence. The questions by students leads Julius Stone to say that indeed some of the
definitions expounded may be more correct than others and that definitions are not
conclusive as to meaning nor can they prejudge exposition of content.

The difficulty of definition is compounded in the case of jurisprudence by several factors.

First, jurisprudence is a compendious term englobing the totality of law; and law, itself, is a
concept that is not free from ambiguity. Secondly, jurisprudence trenches on related
disciplines such as philosophy, economics, ethics, sociology, political science, anthropology,
psychology among others which are necessary for comprehension of jurisprudence. Thirdly,
the definitional ingredients of jurisprudence comprise law, philosophy, rights, duties, justice,
morality which are in themselves either value impregnated or otherwise not free from
ambiguity or controversy.

The multi-faceted nature of jurisprudence has prompted Dias to describe jurisprudence as a

field traversed by many paths and Lloyd to characterize it as a mansion with many rooms.
Thus, an attempt for a lecturer to point out to a student a correct definition of
jurisprudence will not augur well. The answer is that an appreciation of the nature and
scope of jurisprudence will provide a better guide to the meaning than a definition. And the
more correct definitions are those which adopt this approach.
1.Juris Law
Prudentia Wisdom
It is the study of the wisdom of law
What is the wisdom that we are talking of?
Article 106 echoes the mischief rule as stated in the Heydons case

2.Jurisprudence in a civil law tradition means the study of court decided cases
Jurisprudence means different things in civil law system and the common law system

3.Title claim different titles but one meaning. It is called Jurisprudence, Legal theory or
philosophy of law. These 3 titles provide that jurisprudence is the study of the science of
law.

4.Views of scholars about Jurisprudence Bentham, Hart, Dworkin, Raz, etc

That it is the study of the nature and scope of law
That it is the study of the theories of law.
That it s an analytical engagement with the theories of law
That jurisprudence answers the que: what is the nature of law
That it is about the justification of the meaning of law

Why Do We Study Jurisprudence/ Relevance of Jurisprudence Today

According to Obina Okere, a senior Lecturer at the University of Nigeria, because the scope
of jurisprudence is all embracing and involves a critical examination of law in all its
ramifications, that is its origin, purposes manifestations, efficacy, validity, sanction, justice
and morality among others, these questions are of immense relevance to the organization
of any society and have agitated the minds of legal writers and philosophers through the
test. They have also evoked multiple and divergent responses which have profoundly
affected the evolution of human thought and action. As summarized by Dias, the best
guarantee of independence and originality in the thought is breadth of view, sense of
perspective and a sympathetic appreciation of what people have said and are saying.

Secondly, by giving the student an insight into the wealth of contribution of their intellectual
ancestors and contemporaries, the study of jurisprudence brings theory and life into focus,
broadens his horizon and accentuates his perception of basic human problems. As Harris
puts it in his book, Legal philosophies, in Jurisprudence, so much that was taken for granted
or left unsaid about the law is put before the student. He is brought into acquaintance with
the views of a very heterogeneous collection of theorists and philosophers as to the deepest
questions about the nature of man or society as to which he is expected to take up an overt
moral or political stance.

Jurisprudence enables the student to reflect on fundamental questions of human existence,

rational and legal ordering of society and mans place in the universe.

According to Obinna Okere, the three essential ingredients of jurisprudence are law, logic
and language. Hence jurisprudence not only deepens the students knowledge of the law by
subjecting it to critical analysis, but also enriches his logical fauculty.

Also, Professor Gower states that the teaching of jurisprudence should give the student the
understanding of the nature of law and its function both in the administration of justice and
in the operation of the other activities of a modern state, the processes employed in
determining what the law is and applying its rules to new situations, the organizing of the
legal profession and the machinery of justice, the general principles of the more basic legal
subjects and the relationship of law to the other social sciences and to the general
framework of society. The learned professor says the above five objectives are the primary
role of legal education; the secondary role consists in undertaking of legal research and the
training of students to undertake such research.

In his article, a required course in jurisprudence, Karl Llewellyn was of the view that the
greatest and most necessary value of jurisprudence to as a third year course lies in leading
the student to undertand his work; to put it together as a whole whose parts have relation
to one another, to getting clear for himself what meaning the materials and techniques he
has been studying have, and are to have for his life-work and for his life. And those values
cannot be had until he has already been over most of his study, until he has something in
hand and in head, to be put together, and to be understood.

Llewellyn mentioned that he stood for a compulsory course in jurisprudence because

lecturers have a duty, an inescapable duty, to do their best to awaken in every student
without exception some appreciation of the law as a whole in its relation to society, on the
one hand, and on the other, the follower of the law.

Again Llewellyn stated that it enables the advocate to handle his statement of facts, of
setting and maintaining the atmosphere of his case, which makes his version of the rules
and their application appeal as the right, just and sensible version. And the student not only
studies the problem of certainty and justice but knows that he has better equipment for his
work. Thus, good jurisprudence in addition to its other values, has that of illumining the
lawyers working skills.

In conclusion, it will suffice to reiterate the view of Professor Gower, the doyen of legal
education in Nigeria, that if Jurisprudence is academically valuable, it is primarily because it
is practically useful and not because it is not.
1.It helps us to understand the meaning and functions of law in the society
2.The properties(what makes law, law) or validity of law sanctions, command, sovereign
Austin
3.it helps our legislators to pass good laws. They must find reasons for passing the laws they
formulate
4.theory is to assist you when everything else has failed 31st December Case Spirit of the
constitution
5.It is when the constitution is dead that we turn to legal philo to know what to do