To know the relation of jurisprudence with other sciences, one must dig deeper into the meaning of Jurisprudence and its basis. Jurisprudence literally means the theory and philosophy of law in the study of law in a reasonable manner. The word jurisprudence is derived from the Latin word ‘Jurisprudentia’ where ‘juris’ means law and prudentia means forethought or knowledge. Thus, jurisprudence can also be referred to as knowledge of law. The origin of this subject can be traced back to the time of ancient India when the dharmashastras were used as a source of individual conduct of people. As the concept of jurisprudence went on to develop further, different theories and schools arose and different scholars who propelled different schools of thoughts, associated with it as well as criticized it. This is how this subject developed till the 21st century.
Significance of jurisprudence
After the meaning of any subject it is imperative to know the importance or significance of the same. The subject which we are talking about is a subject from which most of the present law finds its origin and skeletal framework. If a person wants a deeper understanding of any law, then jurisprudence of that particular law enables one to do that. . The philosophy behind it gives a better insight of the subject. It provides us with various theories and analysis which rationalized that subject. It also gives a better understanding of the role of a subject.
Jurisprudence helps in understanding why a particular law is important and what role it plays in society. Jurisprudence does not limit itself to the development and evolution of law but also contributes towards development of other social sciences which in turn leads to overall development of society. Jurisprudence is often referred to as the grammar of law for it helps people in the legal field to interpret a law better by giving a basic reasoning and ideas behind a certain law. This provides an actual meaning of law and makes interpretations easy. The theories of jurisprudence helps in the practical application of the same.
Jurisprudence and Political Science
Political science is a social study which investigates the powers, functions and all the institutions of state and theories related to it. Jurisprudence studies law and political science studies the dynamism of the state. The concept of law came in because of the concept of state. After the state came into being, concepts such as laws and a way of regulating individual conduct came into existence. Thus, jurists on various instances take help of theories and nuances of political science to formulate theories related to development of law. Political science also studies the rules and orders for regulations of people in a defined territory which is also a subject matter of jurisprudence. Political science enunciates the principles behind the organisations of a state and jurisprudence analyses them and formulate concepts of law. There is an intimate and definitive linear relationship between the two.
Jurisprudence and Sociology
Sociology is the study of patterns and varied norms of a particular society. The objective of such a study is to analyze the social behavior of human beings in a particular society. It is a known fact that law is an integral part of any society since it acts as a tool for regulating the individuals of a particular society. Sociologists often refer to jurisprudence for a better understanding of society as Law and society are so intricately related . Law acts as a tool for social change and society instigates legal changes. For example- the Nirbhaya case in 2016 or the Arab Spring, a crime happened in society led to a big change in the law.
Another example related to law as a tool for social change will be for instance abolition of dowry which criminalized an existing social practice. This makes the interdependence clear between them. Not only sociologists need an understanding of law to understand social patterns better, but to understand law and theories related to it, jurists need to read into sociology for the reasoning of societal patterns on the basis of which the laws will be implemented. A separate school of thought in jurisprudence namely sociological school of law exists to undertake legal studies from a societal point of view.
Jurisprudence and History
History is the study of past events and the happenings in a society. Jurisprudence also studies the origins and development of law with study of past happenings in the legal field. There is a seperate school of thought in jurisprudence with respect to history as well namely historical school of law which shows the integrity of both the subjects so well. Jurisprudence is incomplete without the history ( narration of past events) since law did not originate in one night, it needs to look into its history.
Jurisprudence and Economics
Economics refers to the science of finance and wealth. It studies the financial aspect of a society and carries out an analysis of the economy in general. The goal is to work towards development and welfare of that particular society. This subject works towards better living standards of people by analyzing the financial system of the country they reside in and the causes and consequences of it. It studies the needs and wants of people and how to fulfil them on a financial front. Jurisprudence studies and works towards fulfilling the needs and wants of people on the legal front through legislation. The end goal of both the subjects is the same and that’s how they form their interdependence and interrelationship. One more thing they have in common is that one reason for the increase in certain areas of crime is because of wealth. There are various economic crimes such as white collar crimes etc. Crime is a subject matter of jurisprudence. This is the second point of commonality between the two subjects and that’s how much they are integral in each other subject matters.
Jurisprudence and Psychology
Psychology is the science of human minds and their behaviour. The rationale of this subject is to understand the logic and reasons of extreme ends and ranges of behaviour in an individual. The causes of certain behaviour and the impact of it on the body is the subject matter of this area of study. Jurisprudence also in a way studies human action. It studies law and law is formulated and comes into picture keeping in mind the implications of that law on a community. Regulation of human conduct is not possible without understanding nature and what can possibly transpire in the mind. Here jurisprudence takes help of psychology and tries to understand the implications of laws on society better and thus formulation of law becomes an easy process. The impact of a certain law on society should be a lawmakers first priority. This will ensure that the law is executed properly and is followed effectively by the people concerned. . For instance, if we look into criminology the theory of deterrence under theories of punishment is made with the objective of creating a fear in the minds of other members of society by confining and rendering harsh punishment. They use psychology to control crimes in society. Another example will be of the elements of crime, one of the essential elements is the intention of committing an offense (mens rea). These examples show us well how these two subjects are intertwined with each other.
Jurisprudence and Ethics
Ethics is the study of human conduct as it deals with theories of an ideal human conduct. These ideals derive from the opinion of the majority of society. The majoritarian’s idea of what is right and wrong drives the ideal human conduct. The basic moral values of society that define an ideal human conduct as morality is a major part of the subject matter of jurisprudence. Ethics studies the values that define ideal human conduct and jurisprudence deals with history and evolution of such conduct which regulates the society. A jurist needs to understand the theories and science of human conduct basically the notion of idealism in respect to a proper human conduct to understand and analyse the laws better. This close interconnection has led to an altogether separate branch of jurisprudence namely ethical jurisprudence which discusses the ideal human behaviour and law as a tool to achieve that.
The various social sciences cannot be read in isolation to other disciplines. These subjects are interdependent and interlinked in a way that study of one is incomplete without study of another subject. If we look into the objective of all other social sciences, these subjects were made to study society and its members from different fronts i.e. political, social and economic fronts. To understand the theory of law completely and to apply it in the practical world, it is important to understand the basics of society and its members that comprise it. This will make the study and its application easier.
1. Interrelationship of jurisprudence with other sciences, available at : https://unacademy.com/lesson/inter-relationship-of-jurisprudence-with-other-social-sciences/LOTCFFQT( last visited on 30th October 2020).
2. Relation of jurisprudence with other sciences, available at: https://envirementalb.com/jurisprudence-and-social-science/ ( last visited on 30th October 2020).
BY TRIPTI KHIRWAL | GD GOENKA UNIVERSITY