Jurisprudence

The science of the law. The practical science of giving a wise interpretation to the laws and making a Just application of them to all cases as tliey arise. By science, in the first definition, Is understood that connection of truths which is founded on principles either evident in themselves or capable of demonstration, — a collection of truths of the same kind, arranged in methodical order. In the latter sense, it is the habit of judging the same questions in the same manner, and by this course of judgments forming precedents.

1 Ayliffe, Pand. 3.

See Bentham, Austin. Amos, Markby, Heron, Phillimore, Lorimer, Salmond, Taylor, Liudley, on Juri.sprudence.

Sir F

Pollock divides jurisprudence into: 1, Positive (which is practical, historical, comparative or analytical); 2.

Final jurisprudence; and 3.

International jurisprudence

General jurisprudence is hardly more than the collective result of comparative and analytical jurisprudence. Comparative jurisprudence deals with the groundwork and typical conceptions which are common to all legal systems, or to all that have made any considerable way towards completeness; and analytical jurisprudence with speculations as to such ideas as Duty, Intent, Ownership, Possession, etc. By Fimil Jurisprudence he designates the consideration of laws as they ought to be — ground which belongs perhaps more to the statesman than the lawyer. It assumes the shape of a Theory of Legislation, with special branches treating of the formal structure of laws, codification, legal procedure, etc. The general principles of legislation and government, which are put forward as claiming assent from all men in so far as they are rational and social beings, are said to be of natural obligation. The sura of them is called the law of nature, droit nalurcl, Naiunccht. The law which would in itself be best for a given nation in given circumstances is sometimes called by a certain school of writers, positive law. The sort of doctrine which embodies it may be called Ethical Jurisprudence (Oxford Lectures, The Methods.of Jurisprudence). As to a distinction between jurisprudence and law, see Holland Jurisprudence 5-12; Taylor, Jurisprudence 28.