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Jurisprudence – Handout 1.1: Etymology of Jurisprudence Asmatullah Kakar

Jurisprudence

Lecture # 02, Weak # 01

HANDOUT 1.1

ETYMOLOGY OF JURISPRUDENCE

By: Asmatullah Kakar

READING LIST FOR LECTURES 1 TO 6 (UNIT # 01):

MAHAJAN, V.D, JURISPRUDENCE AND LEGAL THEORY, 5TH ED., 1987, EASTERN

BOOK COMPANY, REPRINTED 2011, CHAPTER 1 (pp. 1-22)

FITZGERALD, P.J., SALMOND ON JURISPRUDENCE, 12TH ED., 1966, SWEET & MAXWELL LTD., REPRINTED BY NATIONAL BOOK FOUNDATION, PAKISTAN, CHAPTER 1 (pp. 1-5)

VISHWANADHAM, LELLALA, JURISPRUDENCE IN RELATIONS WITH OTHER SOCIAL

SCIENCES, VSRD-TNTJ, VOLUME 3, (5), 2012, 197-202

TUR, R.H.S., WHAT IS JURISPRUDENCE, THE PHILOSOPHICAL QUARTERLY, VOL. 28, NO. 111, (APR., 1978), PP. 149-161

ETYMOLOGY OF JURISPRUDENCE

Literal Meaning of Jurisprudence:

Jurisprudence is derived from two Latin words: Juris means law, and Prudentia

means knowledge, study, philosophy, science or art. Hence, literally it means

knowledge, study, philosophy, science or art of law.

Counterpart Terminologies:

The counterpart terminology of jurisprudence in France is la philosophie du droit

which means ‘the philosophy of rights, i.e. of law’.

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Jurisprudence – Handout 1.1: Etymology of Jurisprudence Asmatullah Kakar

Its counterpart terminology in German is Rechtsphilosophie, i.e. ‘the philosophy of

rights.

Usage of the Term Jurisprudence:

Jurisprudence has been used to denote different things:

In the Institutes of Justinian it was defined as the knowledge of what is just and

unjust.

In sixteenth century in Europe it was used to signify the knowledge of Roman Law

In France it has been used to for collection of the principles relating to a particular

field of law, e.g., equity jurisprudence, criminal jurisprudence etc.

It is also used to denote the whole corpus (body) of law of a particular country, e.g.

Pakistan Jurisprudence, English Jurisprudence, American Jurisprudence etc.

It has also been used express the collection of the decisions of a Courts, i.e. Case

Laws, e.g. ICC Jurisprudence, Jurisprudence of Supreme Court of Pakistan etc.

Current Meaning:

However, the term Jurisprudence with which we are concerned in LL.B., shall mean the

knowledge of law. This is scientific or analytical knowledge of the law in abstract sense

(first principles of law).