Types of English jurisprudence
According to Salmond's definition of jurisprudence
In its narrow sense, jurisprudence, according to Sir John Salmond, is limited to the consideration of the basic of fundamental principals of civil law( Civil law meaning all laws of the land including the Military Laws) .
In this restricted sense, jurisprudence has been defined as " the science of the first principles of the civil law ", or In other words, abstract principal of the law as distinguished from its concrete provisions. It will thus be seen that our present subject deals with theoretical jurisprudence, i.e., expositive minus practical jurisprudence.
Jurisprudence may be divided into tree types
1. Theoretical Jurisprudence
2. Continental jurisprudence
3. Comparative jurisprudence
1. Theoretical jurisprudence:
It further divided into three classes
i. Analytical
Dealing with the dogmas or exposition of the abstract principles of law as it exists at present or existed in the past.
Scope of Analytical jurisprudence
Analytical jurisprudence, analyses the basic principles of the existing civil law. It does not concern itself with the past stages of its evolution. It also does not concern itself with its goodness or badness.
We might thus, in other words, say that analytical jurisprudence ignores the historical and ethical aspects of its study.
Considered in this light, its scope extends to
1. analysis of the law
2. treatment of a complex idea or concept in its elementary sub-divisions;
3. examination of the relation between civil law and other forms of law;
4. study of the sources of law;
5. investigation of the theory of legislation, precedent and custom;
6. classification of the different sub-division of corpus juris or the enitre body of the law with reasonable therefor;
7. treatment of rights, their kinds and classes, their creation, transfer and extinction;
8. dealing with legal liability, its kinds, extent, and incidence;
9. investigation of such legal concepts as property, possession, trust, contracts, persons, acts, persons, acts, intention, motive, negligence, etc.,.
ii. Historical
Scope of Historical jurisprudence:
Historical jurisprudence concerns itself with the scientific study of the origin and development of the principles of law.
It tells us what the sources of a particular principle of law was, wherefrom it was derived, what was its shape and scope in the past, how and under what influences it came to develop, and through what stages it passed to assume finally the shape in which we find it today. To put it in brief, historical jurisprudence deals with the study of the evolution of the fundamental legal conceptions in the early societies. This accept of jurisprudence has been dealt with by Sir Henry Mine in his" Ancient Law".
Historical jurisprudence should not, however, be confused with legal history. Legal history deals with the historical background of a particular law, as for instance, how and when the Penal Code came to be passed is a matter of legal history. Similarly an investigation of how the principle of hearsay evidence came to be evolved shall fall within the scope of legal history. A study of Roman Law, for instance, would fall within the scope of legal history.
iii. Ethical
Dealing with the principles of law, not as they are or had been in the past, but as they ought to be in an ideal state.
Scope:
Ethical jurisprudence, deals with the law as it ought to be in an ideal state. This branch of jurisprudence confines itself to be study of the purposes of the law and whether they are fulfilled by the existing law, and, if it is deficient in this respect, what modifications are needed to enable it to fulfil its object. I n other words, Ethical jurisprudence aims at bringing the principles of the law to such a form in which attainment of justice may best be achieved.
2.Continental jurisprudence:
In the European Continent, jurisprudence is not interpreted in the same sense as in England. Jurisprudence in England, as we have already seen, is mainly confined to an analytical treatment of the fundamental principles of the legal system. Dutch, German, French and other Continental jurists jurists do not, however, confine their discussion of the matters to the analytical aspect but would ramble into ethical considerations and then go farther into metaphysical and philosophical ponderations. The reason is that in the continental languages the words which are equivalent of the England word "Law" mean not only "Law" but also "Right" or "Justice". An Englishman would, however, always keep 'law' distinguished from 'justices' and to his mind "law" signifies just law discovered from abstract justice .
Continental jurisprudence also differ from English jurisprudence in this that while is the former considerations is paid to the entire legal doctrine or the whole of legal knowledge, in the latter, as we have already seen, it is confined to its theoretical aspect only.