KLE LAW ACADEMY BELAGAVI
(Constituent Colleges: KLE Society’s Law College, Bengaluru, Gurusiddappa Kotambri Law College,
Hubballi, S. A. Manvi Law College, Gadag, KLE Society’s B. V. Bellad Law College, Belagavi, KLE
Law College, Chikkodi, and KLE College of Law, Kalamboli, Navi Mumbai)
STUDY MATERIAL
for
JURISPRUDENCE
Prepared as per the syllabus prescribed by Karnataka State Law University (KSLU), Hubballi
Compiled by Reviewed by
Mr. Tanmay J. Patil. Asst. Prof. Dr. S. G. Goudappanavar
(Unit I, II & III)
Ms. Ankita Rituraj, Asst. Prof.
(Unit IV & V)
K.L.E. Society's Law College, Bengaluru
This study material is intended to be used as supplementary material to the online classes and
recorded video lectures. It is prepared for the sole purpose of guiding the students in preparation
for their examinations. Utmost care has been taken to ensure the accuracy of the content. However,
it is stressed that this material is not meant to be used as a replacement for textbooks or
commentaries on the subject. This is a compilation, and the authors take no credit for the originality
of the content. Acknowledgement, wherever due, has been provided.
, JURISPRUDENCE
SYLLABUS
UNIT – I
• Meaning and nature of ‘Jurisprudence’
• Purpose and value of Jurisprudence
• Schools of Jurisprudence: Natural law, Imperative Theory, Legal Realism, Historical
School, Sociological School.
UNIT – II
• Functions and purpose of law, questions of law, fact, and discretion
• Justice and its kinds
• Civil and Criminal Administration of Justice
• Theories of Punishment and Secondary functions of the Court.
UNIT – III: Sources of Law
• Legislation
• Precedent
• Custom
UNIT – IV: Legal Concepts
• Right and Duty, Kinds, Meaning of Right in its wider sense.
• Possession: Idea of Ownership, kinds of Ownership, Difference between Possession and
Ownership
• Nature of Personality, Status of the Unborn, Minor, Lunatic, Drunken and Dead Persons.
UNIT – V
• Liability: Conditions for imposing liability
• Wrongful act: Damnum Sine Injuria, causation, mens rea, intention, malice, negligence
and recklessness, strict liability, vicarious liability, obligation.
• Substantive Law and Procedural Law.
Prescribed Books:
1. Fitzgerald, Salmond on Jurisprudence, (Bombay: Tripathi, 1999).
2. Dias, R. W. M, Jurisprudence, (Delhi: Aditya Books, 1994)
Reference Books:
1. W. Friedman, Legal Theory, (New Delhi: Universal, 1999)
2. V. D. Mahajan, Jurisprudence and Legal Theory, (Lucknow; Eastern, 1996 Reprint)
3. Paton G. W., Jurisprudence, ELBS, (Oxford, 1972)
4. Bodenheimer, Edgar, Jurisprudence, (Harvard University Press, 1974) (Revised Edition)
, UNIT – I
JURISPRUDENCE – CONCEPT AND SCHOOLS OF LAW
• Meaning and nature of ‘Jurisprudence’
• Purpose and value of Jurisprudence
• Schools of Jurisprudence: Natural law, Imperative Theory, Legal Realism, Historical
School, Sociological School.
------------------
Definition and Meaning of Jurisprudence:
Jurisprudence is the study of the Theory and Philosophy of Law. This article focuses on
information concerning the subject. There are several ideas with regards to the meaning of
jurisprudence and its nature.
The term ‘jurisprudence’ has been derived from the Latin term ‘jurisprudentia’ which literally
translates to ‘knowledge of law’ or ‘skill in law’. The Roman civilization, which is popularly
known as the bedrock of all human civilizations in the world, started to question the meaning and
nature of law. Ulpian defined law as the “knowledge of things divine and human”. According to
him, the law is the science of right and wrong. Several jurists in Europe began to deliberate upon
the meaning of the law.
Jeremy Bentham, the Father of Jurisprudence, stated that the “science of jurisprudence” has
nothing to do with ideas of good and bad. His disciple, Austin, defined jurisprudence in the
following words, “Science of Jurisprudence is concerned with Positive Laws that is laws strictly
, so-called. It has nothing to do with the goodness or badness of law.” According to him, laws are
commands made by the sovereign and their non-obedience leads to imposition of sanctions. He
termed such laws as positive law and stated that the main subject matter of jurisprudence is the
study of positive laws. According to Holland, “Jurisprudence means the formal science of positive
laws. It is an analytical science rather than a material science.” Keeton defined jurisprudence as,
“the study and systematic arrangement of the general principles of law.”
Jurisprudence is the study of the Theory and Philosophy of Law. The subject, in its entirety, differs
from other social sciences. There are several ideas with regards to the meaning of jurisprudence
and its nature. This makes it difficult to define. Each country has its own idea of jurisprudence
shaped by the social and political conditions in which the development of law took place in that
region. Modern jurisprudence is tied to sociology on one end and philosophy on the other. The
ideas of jurisprudence that are popular in major legal systems throughout the world today have
their origins in the West.
Jurisprudence versus Legal Theory:
One of the most interesting debates in jurisprudence has been with regards to the difference
between jurisprudence and legal theory. It has been argued that while jurisprudence studies the
legal concepts which may or may not be theoretical in nature, the legal theory deals with the
philosophical aspects of the law.
According to Friedmann, “All systematic thinking about legal theory is linked at one end with
philosophy and at the other end with political theory.”
Salmond explains that the jurisprudence is concerned with investigating law while legal theory
seeks to understand the law in a strictly academic manner. According to him, jurisprudence brings
(Constituent Colleges: KLE Society’s Law College, Bengaluru, Gurusiddappa Kotambri Law College,
Hubballi, S. A. Manvi Law College, Gadag, KLE Society’s B. V. Bellad Law College, Belagavi, KLE
Law College, Chikkodi, and KLE College of Law, Kalamboli, Navi Mumbai)
STUDY MATERIAL
for
JURISPRUDENCE
Prepared as per the syllabus prescribed by Karnataka State Law University (KSLU), Hubballi
Compiled by Reviewed by
Mr. Tanmay J. Patil. Asst. Prof. Dr. S. G. Goudappanavar
(Unit I, II & III)
Ms. Ankita Rituraj, Asst. Prof.
(Unit IV & V)
K.L.E. Society's Law College, Bengaluru
This study material is intended to be used as supplementary material to the online classes and
recorded video lectures. It is prepared for the sole purpose of guiding the students in preparation
for their examinations. Utmost care has been taken to ensure the accuracy of the content. However,
it is stressed that this material is not meant to be used as a replacement for textbooks or
commentaries on the subject. This is a compilation, and the authors take no credit for the originality
of the content. Acknowledgement, wherever due, has been provided.
, JURISPRUDENCE
SYLLABUS
UNIT – I
• Meaning and nature of ‘Jurisprudence’
• Purpose and value of Jurisprudence
• Schools of Jurisprudence: Natural law, Imperative Theory, Legal Realism, Historical
School, Sociological School.
UNIT – II
• Functions and purpose of law, questions of law, fact, and discretion
• Justice and its kinds
• Civil and Criminal Administration of Justice
• Theories of Punishment and Secondary functions of the Court.
UNIT – III: Sources of Law
• Legislation
• Precedent
• Custom
UNIT – IV: Legal Concepts
• Right and Duty, Kinds, Meaning of Right in its wider sense.
• Possession: Idea of Ownership, kinds of Ownership, Difference between Possession and
Ownership
• Nature of Personality, Status of the Unborn, Minor, Lunatic, Drunken and Dead Persons.
UNIT – V
• Liability: Conditions for imposing liability
• Wrongful act: Damnum Sine Injuria, causation, mens rea, intention, malice, negligence
and recklessness, strict liability, vicarious liability, obligation.
• Substantive Law and Procedural Law.
Prescribed Books:
1. Fitzgerald, Salmond on Jurisprudence, (Bombay: Tripathi, 1999).
2. Dias, R. W. M, Jurisprudence, (Delhi: Aditya Books, 1994)
Reference Books:
1. W. Friedman, Legal Theory, (New Delhi: Universal, 1999)
2. V. D. Mahajan, Jurisprudence and Legal Theory, (Lucknow; Eastern, 1996 Reprint)
3. Paton G. W., Jurisprudence, ELBS, (Oxford, 1972)
4. Bodenheimer, Edgar, Jurisprudence, (Harvard University Press, 1974) (Revised Edition)
, UNIT – I
JURISPRUDENCE – CONCEPT AND SCHOOLS OF LAW
• Meaning and nature of ‘Jurisprudence’
• Purpose and value of Jurisprudence
• Schools of Jurisprudence: Natural law, Imperative Theory, Legal Realism, Historical
School, Sociological School.
------------------
Definition and Meaning of Jurisprudence:
Jurisprudence is the study of the Theory and Philosophy of Law. This article focuses on
information concerning the subject. There are several ideas with regards to the meaning of
jurisprudence and its nature.
The term ‘jurisprudence’ has been derived from the Latin term ‘jurisprudentia’ which literally
translates to ‘knowledge of law’ or ‘skill in law’. The Roman civilization, which is popularly
known as the bedrock of all human civilizations in the world, started to question the meaning and
nature of law. Ulpian defined law as the “knowledge of things divine and human”. According to
him, the law is the science of right and wrong. Several jurists in Europe began to deliberate upon
the meaning of the law.
Jeremy Bentham, the Father of Jurisprudence, stated that the “science of jurisprudence” has
nothing to do with ideas of good and bad. His disciple, Austin, defined jurisprudence in the
following words, “Science of Jurisprudence is concerned with Positive Laws that is laws strictly
, so-called. It has nothing to do with the goodness or badness of law.” According to him, laws are
commands made by the sovereign and their non-obedience leads to imposition of sanctions. He
termed such laws as positive law and stated that the main subject matter of jurisprudence is the
study of positive laws. According to Holland, “Jurisprudence means the formal science of positive
laws. It is an analytical science rather than a material science.” Keeton defined jurisprudence as,
“the study and systematic arrangement of the general principles of law.”
Jurisprudence is the study of the Theory and Philosophy of Law. The subject, in its entirety, differs
from other social sciences. There are several ideas with regards to the meaning of jurisprudence
and its nature. This makes it difficult to define. Each country has its own idea of jurisprudence
shaped by the social and political conditions in which the development of law took place in that
region. Modern jurisprudence is tied to sociology on one end and philosophy on the other. The
ideas of jurisprudence that are popular in major legal systems throughout the world today have
their origins in the West.
Jurisprudence versus Legal Theory:
One of the most interesting debates in jurisprudence has been with regards to the difference
between jurisprudence and legal theory. It has been argued that while jurisprudence studies the
legal concepts which may or may not be theoretical in nature, the legal theory deals with the
philosophical aspects of the law.
According to Friedmann, “All systematic thinking about legal theory is linked at one end with
philosophy and at the other end with political theory.”
Salmond explains that the jurisprudence is concerned with investigating law while legal theory
seeks to understand the law in a strictly academic manner. According to him, jurisprudence brings
