The definition is also subjected to the criticism that it defines the knowledge of just and unjust but lacks in providing the meaning of just. The definition is based upon the Stoic doctrine that teaches self-control and fortitude which sounds vague to apply in practical life. However, critically analyzing the definition we find that the definition being metaphysical in nature, its value cannot be evaluated. However, we acquire Notitia (knowledge through the exercise of our mental power) of things divine and human by observation and acquire Scientia of just and unjust by the reflection of our mental powers. However, the language of the definition doesn’t express the clear meaning of the three Latin words- prudentia, notitia, and scientia. By incorporating of the term “observation”, it signifies a methodology that gives the entire definition a scientific character. Ĭritical Appraisal: Ulpian’s formal definition of jurisprudence highlights the scientific study of Jurisprudence. Ulpian’s definition on Jurisprudence appears in Digest, i.1, 10, as an extract from the first book of the Regulae of Ulpian. Ulpian was among the first jurists who gave a formal definition of jurisprudence. Ulpian was an eminent and celebrated Roman jurist who defined Jurisprudence as “ the observation of things human and divine, the knowledge of just and unjust”. To discuss and analyze a few, here are the names of the most prominent jurists whose definition gave jurisprudence a quintessence of scientific, philosophical, and legal aspects. ![]() There are several jurists who have observed and gave interpretation to the term ‘jurisprudence’ in the light of the different times that they belonged to taking into consideration of the varied divisions of jurisprudence that they propagated. DEFINITIONS OF JURISPRUDENCE BY VARIOUS JURISTS AND ITS CRITICAL APPRAISAL ![]() Perhaps in no other science do we find the principles of evolution, the principle of growth and adaptability, better illustrated than in jurisprudence. The English common law jurisprudence has been through the growth of centuries, developed into its present state of effectiveness, not from legislation, but by the process of evolution. The English Common law which forms one of the bases of the Indian law requires in the absence of any specific law or usage to act according to “ justice, equity, and good conscience” to relieve the brutalities and inequalities of the law by the application of moral principles. The system of Jurisprudence denominated the common law of England which was evolved from the ancient customs and usages. From the end of the Republic, Roman jurisprudence identified law and morals to be interconnected thereby signifying the understanding of things divine and human (right & wrong) and the art or science of what is equitable & good. The demand for interpretations of Twelve Tables evolved which was met by the publication of juris consults under the name of “ Response Prudentum” which were later used by the judges in pronouncing judgements as authority and precedent for the law in question thereby signifying the underlying notion of the law that exists. The history of Roman jurisprudence dates back to the time of Cicero (106-43 B.C.) in a legal sphere, who brought to the consideration of Roman jurists the philosophical bases of law interpreting the underlying notions of the Roman law. The two great systems of Jurisprudence that have influenced modern civilization which also form the origins of the study of Jurisprudence are Roman law, and the English Common Law. It studies the law in a much more generic way and asks abstract and theoretical questions about the law pertaining to the ideas and philosophy and purpose that make up to law. The modern conation or understanding added to the subject matter of Jurisprudence is understood as a term that embraces the spectrum of questions about the nature and purpose of law and answers made to them as it steps back and reflects on the ideas and assumptions that underlie. This signifies that like any other social study, the law can also be studied scientifically or systematically. The literal meaning of ‘Jurisprudence’ is derived from the Latin term juris prudentia which means ‘wisdom, knowledge or science of law’. It is difficult to assign a uniform and universal definition to the term Jurisprudence. The term ‘Jurisprudence’ has a large number of varied definitions as every jurist has his own notion of the subject matter and it depends upon one’s ideology and the nature of society to which one belongs to.
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