Wednesday, April 7, 2010

JURISPRUDENCE - THE GRAMMAR OF ALL LAWS


When we used to study Grammar in our school days, we found it boring  & dry like sahara ; we really never understood the value of Grammar & just like a parrot we used to learn the definitions of noun, pronoun etc etc but never got that logical subject learned by heart or by having understanding of it. After coming to realist world of age 20 , we realized the logic behind every concept of grammar, but it was too late because now we don't get time to study grammar books because "there are more important tasks than reading a 10th class book of Grammar!", most say it . But law students gets one more chance to read the higher Grammar which is not just philosophy but more than it. 


Juris prudentia : 
The 'Jurisprudence' word has its origin in latin expression "juris prudentia"  which means "knowledge of law" or "skill in law" . 'Knowledge of law'  term sometimes describe the exposition of particular branches of the law ,like Equity Jurisprudence, analytical jurisprudence, Censorial Jurisprudence, Comparative Jurisprudence , Ethical- Jurisprudence   Expository Jurisprudence,Feminist Jurisprudence and most important for law student's concern is General Jurisprudence. In Common Law Countries usage of different specialized Jurisprudences is no longer found now because Jurisprudence was becoming vast and loosing its own existence in the form of General Jurisprudence i.e. as a philosophy of law.   Like any other studies this subject's term "Jurisprudence" also has been given different interpretation angles but now it is understood simply as a "philosophy of law"  which studies the fundamental or general elements of law discussing questions of what is law ? what ought to be law? what are the concepts of law, study of legal systems of the world, their components and finding the logic or rationale behind their existence, new trends in law  etc.etc...


The presence of Jurisprudence is everywhere just like air, where ever  there is rule of law. It is present  in all legislatures, judgements , Policies of Government and even in Village Panchayat's decision.Jurisprudence is an area of study which is so vast that many times philosophy,morality,ethics,political- science,semantics,sociology,history and many more disciplines become part of it and here is the difficulty of determining the "limits of jurisprudence".  But its a subject of subjects evolving around law and society and as we know that law itself is dynamic and goes on with the unpredictable human-nature. Therefore, in overall it is quite difficult to determine the scope of Jurisprudence, though some English jurist attempted but still many controversies have arisen and new scholars kept on criticizing it . But whatever is the extent of Jurisprudence, the eyes of law i.e. Jurisprudence will always serve the society by defining a law in the light of morality,ethics and philosophy which will strengthen the presence of humanity and goodness in the world of rule of law...

At last : 


JURISPRUDENCE is just like a Sun that spread light on the earth and let us think , observe and realize the natural systematization of everything on this earth. The natural law and its concepts like discovered by Darwin's concept "survival of the fittest" or the great epic Mahabharta where "change is the law of nature"  are examples of such laws of nature................