Definition of Jurisprudence by various jurists

1. John Austin

• Definition: “Jurisprudence is the philosophy of positive law, which is law as it is (as opposed to law as it ought to be).”
• Focus: Austin’s approach is analytical, focusing on the command of the sovereign backed by sanctions.

2. Jeremy Bentham

• Definition: “Jurisprudence is the art or science of law.”
• Focus: Bentham distinguishes between expositorial jurisprudence (law as it is) and censorial jurisprudence (law as it ought to be).

3. Salmond

• Definition: “Jurisprudence is the science of the first principles of civil law.”
• Focus: Salmond views jurisprudence as both a science and an art, emphasizing the study of legal concepts and principles.

4. Roscoe Pound

• Definition: “Jurisprudence is the science of law, using the term law in the juridical sense, as denoting the body of principles recognized or enforced by public and regular tribunals in the administration of justice.”
• Focus: His definition emphasizes the functional aspect of law in society, contributing to social engineering.

5. Hans Kelsen

• Definition: “Jurisprudence is the pure theory of law.”
• Focus: Kelsen excludes moral, social, and psychological aspects, concentrating purely on the normative structure of law.

6. Oliver Wendell Holmes Jr.

• Definition: “The life of the law has not been logic; it has been experience.”
• Focus: Holmes sees law as a social phenomenon influenced by practical experience and judicial interpretation.

7. H.L.A. Hart

• Definition: “Jurisprudence is the analysis of the structure of legal systems.”
• Focus: Hart emphasizes the interplay between primary rules (governing behavior) and secondary rules (about rule-making, adjudication, and recognition).

8. C.K. Allen

• Definition: “Jurisprudence is the scientific synthesis of the essential principles of law.”
• Focus: Allen highlights the synthesis of fundamental legal concepts and principles.

9. Ulpian (Roman Jurist)

• Definition: “Jurisprudence is the knowledge of things divine and human, the science of the just and the unjust.”
• Focus: A broader philosophical view linking law to morality and justice.

10. Karl Llewellyn

• Definition: “Jurisprudence is a study of what the judges are doing in fact.”
• Focus: Associated with the realist school, he emphasizes the practical application and effects of judicial decisions.

Common Themes Across Definitions:

• Science vs. Philosophy: Jurisprudence is often described as either a science (analytical study) or philosophy (normative).
• Positive Law vs. Normative Law: The focus ranges from existing legal systems to ideals and what the law should be.
• Social and Functional Aspects: Many jurists incorporate the law’s relationship with society and justice.

Each definition reflects the jurist’s school of thought and the socio-legal context of their era.