“If a law is a language, then Jurisprudence is its grammar.”
Introduction
The word Jurisprudence has origin in the Latin expression “juris prudentia“. Juris means ‘law’ and prudential means ‘knowledge’. So etymologically, jurisprudence means “knowledge of the law”[1] or “skill of law” or “wisdom of law” or “philosophy[2] of the law”. [3] Thus, jurisprudence is the systematic and formulated knowledge or science of human law as it looks at the origin of law and the nature of law form the primitive society. As the subject of jurisprudence is vast in itself, there is no uniform or universal definition of it. Various jurists have tried to define it in their manner.
Austin defined it as the philosophy of positive law. Holland defined its formal science of positive law. Salmond defined it as the science of the first principle of the civil law. Though, this keeps on changing as it is a dynamic field and so does the definition of law. Jurisprudence gives a more in-depth understanding of the law and the role of law in society. It deals with legal reasoning, legal institutions, and legal systems. Jurisprudence helps the lawyer to find out the actual rule of law. It is by providing a basic structure. As it provides the lawyer with basic ideas and reasoning behind the written law. It provides the logical training to detect the fallacies in law. Also helps in tackling problems by providing for proper use of legal terminology and expression.
Grammar Of Law
Jurisprudence is known as the grammar of all laws. Grammar is a logical subject having its plethora of rules to learn which guides the basics of the English language. It gives structure to it. Similarly, jurisprudence is the base for the learning of law and its nomenclature; it is the spirit of the law. It is the elucidation of the general principles upon which the actual rules of law are based. Jurisprudence has answers for each kind of law – natural law, civil law, criminal law, etc. It provides answers to questions such as what is law? How do judges decide cases? How does law shape society? It studies the fundamental or general elements of law; every law has its essence in jurisprudence by being based on it.
The rationale, legal language, construction, structure, terminologies of law is based on jurisprudence – it is pervasive in each law. It also helps in knowing the language, grammar, the basis of treatment, an assumption upon which subject rests. Further, it throws light on the essentialideas and fundamental principles of law e.g., negligence, liability, etc. Just like English grammar has some rigid and precise rules jurisprudence. It provides precise rules and unambiguous terminology to legislators and relieves them from repeated defining of concepts. This helps lawyers for their task of pleading.
Grammar is a set of rules and so is jurisprudence which has its own rules of statutory interpretation like rules of construction, rule of literal interpretation, the golden rule, etc. With the help of these rules, it serves to render the complexities of a more manageable and rational way which can help to improve practice in the law. These rules help judges and lawyers to ascertain the true meaning of the laws passed by the legislature. These rules not only help to interpret the law but also help to determine the validity of the law, to apply the correct law on any situation, etc. The correct basic principles of the English language are provided by grammar and for the law it is provided by jurisprudence.
Jurisprudence is also characterized as the eye of law.[4] For humans, eyes are the most vital organ as all human activities are made possible only with the help of eyes. Drawing a parallel, jurisprudence functions for law in the same manner as it provides for the mechanism of interpretation of the laws. It is very important for society – for lawyers, judges, students, and citizens. Jurisprudence is an integral part of the law as it combines logical and theoretical analysis of legal concepts just like English grammar.
Legal language and grammar are very different in comparison to ordinary language, so jurisprudence trains the mind of a lawyer in order that he can use proper legal vocabularies and expressions. It gives the basics of law – the moral character to the law is given by natural law,[5] the sanction when the law is not obeyed is given by analytical school (Austin), the purpose of the law is given by the philosophical school. Further, it brings homogeneity and accuracy in legal phraseology like grammar.
Jurisprudence is the language of the law as it gives language to the law which could be understood by the followers. Grammar is an important part of learning a language, it includes the rules for correct writing and speaking, grammar includes the instructions for how a language should be used correctly. Likewise, jurisprudence includes instructions on how a law should be written and spoken correctly and provides an accurateinterpretation of the law. It explains how a law should be studied and helps the people to formtheir interpretation with their knowledge of that law.
Grammar helps to frame a sentence like-wise jurisprudence helps to frame a law. Jurisprudence explains various laws and ideologies related to law, it also describes various law schools that have different thinking about law example: Analytical law school, Natural Law school, Sociological law school. These schools give a different understanding of the law which helps the lawmakers to frame the correct law.
Conclusion
Thus, jurisprudence is the base of every law that exists in society. Itis that theory which explains the meaning of the existence of any law and also becomes the language of the law. There is a place for each school of jurisprudence in connection with the particular law out of which it grows, just as each grammar is fitted to the language that it best describes. It is the grammar of all laws as it provides the basic structure to them.
References:
[1] http://indialegal.blogspot.com/2008/04/nature-scope-and-utility-of-law.html last accessed on 11 May 2020
[2] Salmond, J (1920). Jurisprudence, 6th ed. Sweet And Maxwell, Limited, 3, Chanoeey Lane, W.C. 2 Law publishers, London.
[3] http://rajurisprudence.blogspot.com/2010/04/jurisprudence-grammar-of-all-laws.html last accessed on 11 May 2020
[4] https://thefactfactor.com/facts/law/legal_concepts/legal_terms/jurisprudence/816/ last accessed on 11 May 2020
[5] https://blog.ipleaders.in/introduction-jurisprudence/ last accessed on 11 May 2020
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