JURISPRUDENCE AND LEGAL THEORY

Jurisprudence In Relation To Other Social Sciences.

Meaning of Social Science: The Greek philosopher, Aristotle (384-323 B.C.) remarked long ago that man is a 'social animal'. Human beings are gregarious and so asscoiate with their fellows in manifold forms of acttiviy. The nutual relations that grow up between them are the very bonds of society. From various points of view these social relations can be made the subject matter of a systematised study. The knowledge derived from each point of view, when properly co-ordinated forms a distinct science. The sciences which treat of man as a social and spiritual being and study his activities and operatons as such, may be designated as social sciences.

Distinguished from natural sciences: Social sciences are to be distinguished from natural sciences. Man being a product of nature may be studied as such. The scientific knowledge of man as a mere physical being, without regard to his specific nature as a moral and social being, is the subject-matter of the natural science of human biology or physiology. The physical scientist is concerned, however, not so much with man as with natural phenomena. He has to explain the actual occurrences in nature and this he does by establishing that, a certain event is the necessary consequence of another event. The physical scientist conceives phenomena of nature as united by an irrefrangible law of causality. By means of the natural laws discovered by him a physical scientist is able to predicate what actually hapens in a given conjunction of events. 

Jurisprudence as a Social Science: In the socal sciences we are concerned with man as a moral or social being and have to arrange human acts according to the relation of means and purposes. The social scientist has to investigate what means should be adopted to answer certain social purposes and prescribe suitable rules of human conduct. Rules of human conduct enforced by political authority are laws. Jurisprudence as a social science addresses itself to those who study law as a system of knowledge. It treats of the activity of man in society from the point of view of its legal significance.

Sociology: The most general of the social sciences is sociology. It deals with the general principles underlying man's thought and action at all stages of social development and in every relation of life. That branch of this science which treats of primitive man and his social institutions is designated Anthropology. Juristic science or Jurisprudence is chiefly, though not exclusively, concerned with man in a well ordered social organisation, in an advanced stage of civilisation. Anthropological research, however, has shed much light on many juridical questions and has enabled us to penetrate to the origin of many legal institutions.

Ethics and Theology: Ethics is another social science. It expounds the principles and moral considerations which effect man's conduct and which constitute his criterion of right and wrong. Closely allied to Ethics is Theology in which the principles inculcated are preseented as immutable and eternal principles endowed with divine sanction and as matters of unquestioning belief and implicit obedience. Juridical science too is concerned with human conduct, but its principles are changeable, being man-made, and have no claim to divine sanction differing, however, from ethical precepts in that their enforcement may be compelled by human authority. 

Psychology: Psychology is yet another social science. It treats of man's mental states and processes, his emotions, thoughts and sensations. Jurisprudence is concerned with man's external conduct and not with his thoughts and mental processes, but important branches of it, such as Penology, have benefitted much from the knowledge made available by psychological research.

Economics: Social relations may be studied from the point of view of man's activity in satisfyimg his wants, in producing and distributing wealth. This is the subject-matter of the science of Economics. The intimate relation between Economics and Jurisprudence was first noticed by Karl Marx (1818-1883) and the interpretation of jural relations in the light of economic factors is receiving the serious attention of jurists.

Politics and Jurisprudence: Societies have developed complex organisations for their government. The relations between men and their governmental organisation should be regulated. The result of this study is the science of politics. In a politically organised society there exist regulations, which may be called Laws, authoritatively laying down what men may or may not do. The study of the fundamental principles underlying these laws is the science of jurisprudence. The closely allied science of legislation deals with the principles by which the improvement of law may be effected.

Definition of Jurisprudence        

Ulpian's Definition: Etymologically, Jurisprudence means 'knowledge of law'. The celebrated Roman Jurist, Ulpian (180-228) defined Jurisprudence as "The observation of things human and divine, the knowledge of the just and the unjust". This definition is too broad and might well apply to religion, ethics or philosophy.
Salmond's Definition: Salmond defines Jurisprudence as the "Science of the first principles of the civil law". Jurisprudence thus deals with a particular species of law, similarly, civil law or law of the State. this kind of law consists of rules applied by courts in the administration of justice. It has characteristic features that distinguish it from law of every other kind. Of laws which govern the conduct of man in society we have three kinds: the laws of the thologian, the moralst and the jurist. It is with the jurist's law that Jurisprudence is concerned.