Jurisprudence & Legal Theory With Rehan Shervani

Jurisprudence & Legal Theory With Rehan Shervani Advocacay, teaching, research, writing & poetry

20/12/2024

what is a legal doctrine?
A legal doctrine refers to a set of principles or rules that form the foundation of legal reasoning and decision-making. It represents a body of established legal principles or beliefs that guide the interpretation, application, and development of the law. Legal doctrines are often derived from statutes, constitutional provisions, court decisions (precedents), and legal scholarship. Here are the top 10 doctrines you must know as a common law student:

Top Legal Doctrines for the law students

Stare decisis: This doctrine, which means "to stand by things decided", emphasises the importance of precedent and the binding nature of court decisions on lower courts. It promotes consistency and predictability in the legal system.

Parliamentary supremacy: Also called parliamentary sovereignty or legislative supremacy, this doctrine grants the legislative body of a state, such as a parliament or congress, ultimate authority in making laws and exercising control over the other branches of government.

Presumption of innocence: The presumption of innocence is a doctrine that holds that an accused person is considered innocent until proven guilty. It places the burden of proof on the prosecution to prove the accused's guilt beyond a reasonable doubt.

Double jeopardy: This doctrine protects individuals from being tried twice for the same offence after an acquittal or conviction. It prevents the government from subjecting individuals to multiple prosecutions for the same conduct.

Ultra vires: The doctrine of ultra vires applies to corporate law and states that a corporation is limited to exercising powers and acting within the scope of its authorised purpose as stated in its governing documents. Acts beyond this scope may be deemed void or unenforceable.

Privity: Privity is a doctrine that states that only parties to a legal issue have rights and obligations under the issue. It prevents third parties from enforcing or benefiting from the legal issue to which they are not a party.

Estoppel: Estoppel is a doctrine that prevents a party from going back on his promise and asserting his rights or changing his position if it would be unfair or inequitable to allow him to do so. It arises when one party relies on the words, conduct, or representations of another party to his detriment.

Clean hands: The clean hands doctrine prevents a party who has engaged in wrongful conduct from seeking equitable relief in court. It requires that a party seeking relief must have acted fairly and in good faith.

Respondeat superior: This doctrine holds employers or principals liable for the wrongful acts or omissions committed by their employees or agents within the scope of their employment or agency. It is often applied in cases of employer liability for employee actions.

Forum non conveniens: This doctrine allows a court to decline jurisdiction over a case if another court, with a closer connection to the dispute, is better suited to hear the case. It promotes efficiency and fairness in international or multi-jurisdictional cases.

These additional doctrines cover various legal concepts and principles from different areas of law. You will come across them at some point in your legal education. It is worth noting that these legal doctrines can vary in their application and interpretation based on jurisdiction and specific circumstances.

20/12/2024

What is the meaning of doctrine in law?
A doctrine is a single important rule, a set of rules, a theory, or a principle that is widely followed in a field of law. It is formed via the continuous application of legal precedents.

20/12/2024

What is "Doctrine of Attribution"?---------------A series of doctrines (such as vicarious liability and common purpose) allowing an actor to be held liable for actions he did not actually commit.

20/12/2024

What is ""Doctrine of Fundamental Breach"?------Under English common law, performance may be held to be so substandard that the party injured by the breach is to be exonerated from the performance even if the contract specifically requires performance in the face of a breach.[9] It is an extension of the doctrine of deviation.[citation needed]

20/12/2024

What is "Doctrine of Laches"?-----Under English common law, a court may refuse to hear a case not brought before it after a lengthy period since the right of action arose. The doctrine of laches is intended to prevent injustice to the defendant because of the plaintiff reserving action for the time most convenient or advantageous for them

20/12/2024

What is "Doctrine of Faithless Servant"?--------Under the laws of a number of states in the United States, and most notably New York State law, an employee who acts unfaithfully towards his employer must forfeit all of the compensation he received during the period of his disloyalty.[1][2][3][4][5] It is a very old common law doctrine that springs out of agency law.[6][7][2][8]

20/12/2024

What is a legal doctrine?--------------A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process, it may become established as the de facto method of deciding like situations.

21/11/2024

Lecture 5

[Prejudice is opinion without judgment].
(Voltaire)
[The United States is the greatest law factory the world has ever known. ~Charles Evans Hughes]
[Swift justice demands more than just swiftness. –Potter Stewart]

Exam Oriented Question:

Define ‘Administration of Justice’. What are the points of difference between Civil and Criminal Justice or discuss the theories regarding ‘end of justice’.

Define (=describe)
End (=purpose)

Answer;
Outline:

(1) Simple Meanings of the Term ‘Administration’ and ‘Justice’
(2) Relationship between administration of justice & law
(3) Is it a substitution for private vengeance?
(4) Historical Evolution of ‘Administration of justice’
(5) Salmond and ‘administration of justice’
(6) Lord Bryce and ‘administration of justice’
(7) Modern system of administration of justice.
(8) Kinds of justice or theories of justice
(9) Public Justice
(10) Difference between civil and criminal justice.

Simple Meanings of the Term ‘Administration’ and ‘Justice’:

The terms ‘administration’ & ‘justice’ respectively means ‘practical management’ & ‘giving every man what he deserves as per law’. Thus ‘administration of justice’ stands for practical management by which every man is given what he deserves as per law’.

Relationship between Administrations of Justice & Law:

The relationship between ‘administration of justice’ and ‘law’ may be determined from the following quote:

“Justice is an ideal like truth just as a sculptor tries to achieve beauty with his mallet and chisel so law is the tool of a judge in the pursuit of justice.”

Ideal (=model)
Beauty (=splendor or prettiness)
Mallet (=hammer)
Chisel (=shape)
Tool (=instrument)
Pursuit (=search)

Thus, it may be said that justice is a model like truth just as a sculptor tries to achieve prettiness with his hammer and a shape so law is the instrument of a judge in the search of justice.

Is ‘administration of justice’ a substitution for private vengeance?
Yes. Administration of justice is a civilized substitution for private vengeance.

Civilized (=sophisticated or educated or cultured)
Substitution (=alternate; replacement)
Private (=personal)
Vengeance (=revenge)

Thus, administration of justice is cultured alternative for personal revenge.

Historical Evolution of ‘Administration of justice’:

In ancient times, man used to take revenge from his enemies either by self-help or with the help of his associates and relatives. When society grew a little, the persons of position, influence and social status started resolving the private disputes of people. At the advent of the institution of Kingship, the administration of justice became the responsibility of jurists of high caliber. At present, in political states, administration of justice is done by Magistrates & Judges.

Revenge (=pay back)
Influence (=power)
Jurist (=philosopher of law)

Salmond and ‘Administration of Justice’:

“Law may be defined as the body of principles recognized and applied by the state in the administration of justice”

Body (=a collection of)
Recognized (=acknowledged; accepted)

Lord Bryce and ‘Administration of Justice’:

“There is no better test for the excellence of a government than the efficiency of its judicial system.”

Test (=analysis; check)

Modern System of ‘Administration of Justice’.

Following are quaint essence for the effective system of ‘administration of justice’:
(1) State’s physical force
(2) Organized political society
(3) Maintenance of rights as the object.
(4) Public opinion

In equation form it may be presented as:

Modern system of Administration of Justice = State’s physical force + politically organized political society + Maintenance of rights as the object + public opinion.

Kinds of justice or theories of justice:
Justice is of two kinds:
(1) Natural justice
(2) Legal justice
Natural justice deals with the enforcement of rights and punishments of wrongs according to moral standards as appeal to the mind of human being. It stands independent of recognition by state.
Legal justice denotes justice according to what the law declares to be just (=right). Legal justice may be divided in to the following kinds:
(a) Private justice &
(b) Public justice

Private or personal justice is what the person whose right is violated wants from the counter party. Public or community justice is what a plaintiff demands and receives from the community through court if his counter parties have denied him personal justice. Private Justice is the object for which the public justice exists.

Kinds of public justice:
Following are the two kinds of public justice:
(a) Civil justice
(b) Criminal justice
The two kinds can be well understood by understanding their points of difference:
Points of Difference Civil Justice Criminal Justice
Nature of Wrong
Wrong (=breach of one’s legal duty)
Nature (=character)
Civil justice is dispensed for private wrongs.
Private wrong (=breach of right of individual)
Dispense (=to give out) Criminal justice is dispensed for public wrongs.
Public wrong (=breach of right of community)
Dispense (=to give out)
Purpose The purpose of civil justice is to compensate the aggrieved party.
Compensate (=reimburse) The purpose of criminal justice is to punish the offenders
Offenders (=wrong doers)
Punish (= penalize)
Procedure For civil justice civil procedure is adopted. For criminal justice criminal procedure is adopted.
Nature of Court Civil justice is administered by Civil Courts. Criminal justice is administered by Criminal Courts.
Degree of Harmfulness Civil wrongs are relatively less harmful for the society. Criminal wrongs are relatively more harmful for the society.
Style of Titling Civil cases are titled as Bashier Hussan versus Nazier Akhtar. Criminal cases are titled as State versus Bashier Hussain.
Relevant Procedural Code The relevant procedural Code is ‘The Civil Procedure Code, 1908.’ The relevant procedural code is ‘The Criminal Procedure Code, 1898.’
Prosecution
In civil justice, government does not prosecute the case. In criminal justice, government prosecutes the case.
Measuring the liability In civil cases in determining the liability, the following factors are irrelevant: (1) Motive (2) Intention (3) Magnitude of the offense (4) Character of the offender. Criminal liability is measured by keeping the following in view: (1) Motive (2) Intention (3) Magnitude of the offense (4) Character of the offender.

Conclusion:

Administration of justice’ means practical management by which every man is given what he deserves as per law. Justice is divided in to private and public justice; public justice is divided in to criminal and civil justice. Criminal justice imposes punishments on the offenders, whereas civil justice focuses on the enforcement of rights and granting of compensations to the aggrieved party.

21/11/2024

Lecture 4

([“Man” is a term of nature; “Person” a term of civil law.]
[The march of human mind is slow.]

Exam Oriented Question:

Define Jurisprudence. Explain practical value of Jurisprudence.
(2000) (1997) (1993)
Note—before attempting the answer, it is very important to, first, understand the question:

Define (=describe; characterize)
Explain (=clarify)
Practical (=realistic; pragmatic; functional)
Value (=importance; worth)

Thus the question requires focus on the following points:
(1)Describe Jurisprudence?
(2)Describe Jurisprudence. Clarify realistic importance of Jurisprudence...

Answer:
Outline:
(1) Definition of Jurisprudence by C.K Allen.
(2) Definition of Jurisprudence by Austin.
(3) Practical value of ‘Jurisprudence’.
(4) Jurisprudence is the ‘eye of law’.
(5) Jurisprudence examines consequences of law.
(6) Jurisprudential terminologies make vocabulary rich.
(7) Jurisprudence provides aid in understanding foreign laws.
(8) Jurisprudence creates relationship between theory and real life facts.
(9) Beacon light role of Jurisprudence in understanding new legal issues.
(10) Conclusion

Definition of Jurisprudence by C.K Allen:

“Jurisprudence is the scientific synthesis of the essential principles of law”.

Scientific (=logical)
Synthesis (=mixture)
Essential (=necessary)
Principles (=main beliefs)

Thus, it may be said that jurisprudence is the logical mixture of the necessary main beliefs of law.

Definition of Jurisprudence by Austin:

The matter of jurisprudence is positive law”

Matter (=topic)
Positive law (=man-made laws)

Thus the topic of jurisprudence is man-made laws.

Practical Value of Jurisprudence:

Jurisprudence is ‘mother of all laws’ as it enlightens students of law about the general ideas and principles of all rules of law. Its practical value has made it matchless in the realm of legal knowledge.

Enlighten (=make clear to)
General (=all purpose; common; universal)
Principle (=rule)
Matchless (=with out equal; unparalleled)
Realm (=Kingdom)
Legal (=lawful; official)
Knowledge (=information; facts; data)

For in depth understanding, the following headings are discussed as under:

Following (=next; subsequent)

(1) Jurisprudence is the ‘Eye of Law’:
Jurisprudence is considered ‘eye of law’ because it tunes the brain of a student at the philosophical mode matched with legal philosophy e.g. it elaborates concepts like negligence, mensrea, precedent, codification, civil law, criminal law, question of fact, question of law etc. Without understanding theses concepts, a brain cannot be developed to deal with the law of the land. Jurisprudence, in-fact, provides spectacles to look in to the provisions of law in a specified way. Jurisprudence, indeed, stands as a microscope between the law and the law student.

Tune (=adjust)
Philosophical (=thoughtful)
Mode (=approach)
Negligence (=the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation)
Mensrea (=the state of mind that the prosecution, to secure a conviction, must prove that a defendant had when committing a crime)
Precedent (=the making of law by a court in recognizing and applying new rules while administering justice)
Codification (=the process of compiling, arranging and systematizing the laws of a land)
Civil law (=the law of private rights)
Criminal law (= the body of law defining offenses against the community at large, regulating how suspects are investigated)
Question of fact (=an issue that has not been predetermined and authoritatively answered by the law)
Question of law (= an issue to be decided by the judge, concerning the application or interpretation of the law)
Law of the land (=law of the country)
Spectacles (=glasses; eye glasses)

Jurisprudence is the subject that makes a lawyer well versed in the philosophy of law. No lawyer can excel in legal fraternity without grasping the philosophy of legal concepts as laid in jurisprudence. When a law student goes through the subject, he comes across the philosophy of legal concepts and thus the very foundation of legal philosophy is laid in his mind. All the procedural and substantive laws have nexus with the concepts laid in the Jurisprudence.

Subject (=theme; topic; area under discussion)
Well-versed (=well informed; well read)
Excel (=progress; do extremely well)
Fraternity (=society; group)
Grasp (=grip; take hold of; clutch)
Comes across (=to meet or find something)
Thus (=so; as a result)
Foundation (=ground work; underpinning)
Procedural Law (=the rules that prescribe the steps for having a right or duty judicially enforced)
Substantive Law (=the part of the law that creates, defines and regulates the rights, duties and powers of parties)

2) Jurisprudence Examines Consequences of Law:

Jurisprudence examines consequences of law by analyzing the affects of law on a society on social welfare basis. It also gives suggestions for the eradication or improvement of harmful laws.

Thereof (=related to laws)

(3) Jurisprudential Terminologies Make Vocabulary Rich:

A person well versed in Jurisprudence enjoys great legal terminologies like precedent, codification, question of law, question of fact, right, duty, legislation, equity civil law, criminal law, substantive law, procedural law, positive law, God made laws, customary law, conventional law, cardinal rule, sanction, reward, natural justice, prize law, positive morality, jurisdiction, mixed question of law, legal fiction, person, administration of justice, state, constitution, body politic, sovereignty, De facto, De jure, Ejusdem generic, ownership & possession etc.

Etc (= et cetera; and so on)
& (=this symbol is called ‘ampersand’)

(4)Jurisprudence Provides Aid in Understanding Foreign Laws:

Fundamental concepts like possession, ownership, natural justice, sovereignty, custom, precedent, procedural law, substantive law, codification, legislation, etc are common to all legal systems observed in different countries. Familiarity with jurisprudence not only builds the capacity to understand the local laws but also to comprehend the foreign laws.

Fundamental (= basic; primary)
Concept (=idea; thought; notion)

(5) Jurisprudence Creates Relationship between Theory and Real Life Facts:

Studying jurisprudence develops different tests to gauge the legal validity of different facts prevailing in real life e.g. to establish whether a person has a possession of a property or not? The real life facts are matched with the essentials of the possession as laid in the jurisprudence, if they are there, there is possession and if otherwise, there is no possession.

Test (=check; trial; examination)
Gauge (=measure; estimate)
Validity (=legality; soundness; strength)
Whether (=it is used to express a choice between two possibilities)
Real (=factual; existent)
Possession (=The right under which one may exercise control over something to the exclusion of all others.
Otherwise (=or else; if not)

(6) Beacon light Role of Jurisprudence in Understanding New Legal Issues:

As jurisprudence is the philosophy of law, therefore, it guides people to ascertain the philosophical solutions of a given legal issue by taking in to consideration the present social and political needs of a society.

Ascertain (=determine; establish)

Conclusion

From the above discussion, it is concluded that the subject ‘Jurisprudence’ is of great importance. It not only develops legal concepts but also provide guidelines for the implementation of laws.

Conclusion (=finale; close; end; wrapping up)
------------------------------------------------------------------------------------------------------------

21/11/2024

Lecture 3

{Jurisprudence is not concerned with God-made laws. It is concerned with positive laws (=man made laws) and answers the question: ‘What is law?’}

Exam Oriented Question.

What is Jurisprudence? Discuss briefly different schools of jurisprudence.

Discuss (=argue or talk about)
Briefly (=in a few words)
Schools (=scholastic institutions)
(2002) 2008)
Outline:
(1) Meaning of the Terms: ‘Schools’ & ‘Jurisprudence’:
(2) Natural Law School of Jurisprudence.
(3) Historical School of Jurisprudence.
(4) Analytical School of Jurisprudence.
(5) Sociological School of Jurisprudence.
(6) Conclusion

Answer:

Meaning of the Terms: ‘School’ & ‘Jurisprudence’:

To run by the question requires understanding of the following concepts:
(1) Schools &
(2) Jurisprudence

By ‘Schools’ mean ‘scholastic institutions’ and by ‘jurisprudence’ means understanding of law. Thus, the phrase ‘Schools of Jurisprudence’ connotes ‘scholastic institutions that deal with understanding of law’. Different schools of Jurisprudence are as under:

Scholastic (=academic)
Thus (=as a result)
Phrase (=expression or term)

(1) Natural Law School of Jurisprudence.
(2) Historical School of Jurisprudence.
(3) Analytical School of Jurisprudence.
(4) Sociological School of Jurisprudence.

Natural Law School of Jurisprudence:
Plato is of the view that “physical phenomenon of the world are mere manifestation of a superior order laid up in heaven and must be studied to gain insight in to the ultimate pattern.

Physical (=material)
Phenomenon ( =observable fact)
Mere (=simple)
Manifestation (=appearance)
Superior order (=superior power)
Laid up (=set)
Insight (=understanding)
Ultimate (=real)
Pattern (=philosophy)

Thus, it may be said that Plato is of the view that “observable material facts of this world are simple appearance of a superior power set in heaven and must be studied to gain insight in to the real philosophy of this world”.

The scholars of the school are of the view that legal rules must be derived from a universalized idea of human nature or divine justice rather than from legislative or judicial actions.

Historical School of Jurisprudence:

Von Savigny was founding father of this school. Bruke, upholder of this school, is of the view that never constructs schemes of legal rules for future without having first learning the lesson from the past.

History (=what went before)

Analytical School of Jurisprudence:

Before discussing the methodology of this school, it is necessary to, first, understand the literal meaning of the term ‘analytical’-----analytical means investigative or diagnostic or exploratory. In analyzing a legal issue, the school tries to find answers of the following questions:

(1)What is the logical structure of law or a legal issue?
(2)What are the logical meanings of the terms involved in a legal issue?
(3)What are the logical use of concepts and terms involved in a legal issue?

Logical (=rational; reasonable; valid; sound)

Sociological School of Jurisprudence:

This school of jurisprudence takes in to consideration the actual social effects of legal institutions, doctrines and practices on society.

Actual (=genuine)
Social effects (=shared consequences or results)
Doctrine (=theory or rule or principle)

Conclusion

(a)All the schools strive to address different aspects of law’.
(b) Historical school focuses that lesson from history must be taken in to consideration in formulating the legal rules
(c) Sociological School focuses that in formulating the legal rules the social effects thereof must be taken in to consideration
(d) Analytical school of Jurisprudence focuses that investigative or exploratory approach must be followed to formulate the legal rules.
(e) Natural school of jurisprudence supports that legal rules must be derived from a universalized idea of human nature.

Conclusion (finale; end)
Strive (=struggle)
Address (=deal with)
However (=on the other hand)

21/11/2024

Exam Oriented Question:

What is jurisprudence? Discuss its scope in the light of the statement: ‘Jurisprudence is the science of law’.

Lecture 2
[Whose work is considered classical on jurisprudence?
Sir John Williom Salmond’s work is considered classical.]
[To acquire knowledge, one must study; but to acquire wisdom, one must observe.]
(Marilyn vos savant)

Exam Oriented Question:

What is jurisprudence? Discuss its scope in the light of the statement: ‘Jurisprudence is the science of law’.

Scope (=extent; range; capacity)

Outline:

(1)What is Jurisprudence?
(2)Definition of Jurisprudence by Cicero.
(3) Definition of Jurisprudence by CK Allen.
(4)Definition of Jurisprudence by Austin.
(5) Scope of Jurisprudence.
(6) Narrow Sense of Jurisprudence.
(7) Wide Sense of jurisprudence
(8) Comparison between Narrow and Wide Sense.

Answer:

What is Jurisprudence?

The question as to ‘what is Jurisprudence’ requires undergoing the following definitions of ‘Jurisprudence’:

Undergo (=go through)
Definition (=description of a thing by its properties)

Definition of Jurisprudence by Cicero:

“Jurisprudence is the Philosophical aspect of the knowledge of law”.
The definition cannot be understood unless the following terminologies are comprehended:

Philosophical (=truth seeking)
Knowledge (=data or facts)
Aspect (=side)
Comprehend (= understand)
Thus, by understanding the meanings of the words, it is clear that according to Cicero: ‘jurisprudence is the truth seeking side of the data or facts of law’.

Definition of Jurisprudence by C.K Allen:

“Jurisprudence is the scientific synthesis of the essential principles of law”.

The definition contains following technical words; meanings thereof are given, hereunder, to understand the true spirit of the definition:

Scientific (=logical)
Synthesis (=mixture)
Essential (=necessary)
Principles (=main beliefs)

Thus, by understanding the true meanings of the words, it is clear that according to C.K Allen: ‘jurisprudence is the logical mixture of the necessary main beliefs of law’.

Definition of Jurisprudence by Austin:

“The matter of jurisprudence is positive law”.
Understanding the definition requires comprehending the meanings of the following words:

Matter (=topic)
Positive law (=man- made laws)

Thus, by understanding the meanings of the words, it is clear that Austin is of the view that ‘the topic of jurisprudence is man-made laws’.

By going through the above three definitions, it may be said that ‘jurisprudence is the truth seeking side of the data or facts of law’ or ‘jurisprudence is the logical mixture of the necessary main beliefs of law’ or’ the topic of jurisprudence is man-made laws’

Additional Information:
Jurisprudence is, an English term, derived from the Latin expression: ‘Jurisprudentia’ meaning ‘understanding of law’.
Jurisprudence is the sum total of two words: ‘Juris’ & ‘Prudence’ respectively means ‘law’ & ‘understanding’.
Jurisprudence is called ‘mother of all laws’.

Scope of Jurisprudence in the light of the statement: ‘Jurisprudence is the science of law’.

The term ‘scope’ means ‘extent’ or ‘range’ or ‘capacity of something’.Sir John Salmond, divides the scope of jurisprudence in the following two senses:

(1)Narrow Sense
(2) Wide Sense

Narrow Sense:

Jurisprudence, in its narrow sense, restricts itself to the basic jurisprudential concepts of all laws. The basic concepts lay foundation for the development of a concrete system of administration of justice. Concepts like person, liability, right, civil law, criminal law, ownership, possession, substantive law, procedural law & equity etc. are the subject matter of narrow sense of jurisprudence.

Narrow sense (=rigid logic)
Concrete (=actual; material; solid)
Subject matter (= relevant topic)

Wide Sense:

Wide sense of jurisprudence takes its lead from the following statement of Salmond:
Wide sense (=broad logic)
Lead (=go ahead)

‘Jurisprudence is the science of civil law’.

Science (=an organized knowledge as distinguished from abstract or conceptual or basic)
Civil law (=state laws enforced by court)

Thus, ‘in wide sense ‘Jurisprudnce’ extends itself to the organized knowledge of state laws enforced by courts. The Contract Act 1872, The Partnership Act 1932, The Transfer of Property Act, The Civil Procedure Code, The Pakistan Penal Code 1860, The Criminal Procedure Code 1898, The Income Tax Ordinance 2001, The Qanun-e-Shahadat Ordinance 1984, The Land Revenue Act 1967, The Companies Ordinance 1984, The Negotiable Instruments Act 1881, The Sale of Goods Act 1930, The Limitation Act 1908 etc. are the examples of organized knowledge of state laws.

Expositive Jurisprudence, Historical Jurisprudence and Critical Jurisprudence are also given credit for widening the scope of jurisprudence. Expositive jurisprudence widens the scope by focusing on scholarly exposition of the contents of an actual legal system as it now exists or once existed. The historical jurisprudence expands the scope by focusing on the general principles governing the origin and development of law &the origin and development of the legal system’s first principles. Critical jurisprudence also widens the scope by studying of law, not as it is or had been in the past, but as it ought to be in an ideal state.

Scholarly (=intellectual)
General (=universal)
Origin (=starting point)
Development (=progress)
Ought (=should be; have to be; must be)
Ideal (=perfect)
State (=political society)

Comparison between Wide and Narrow Sense of jurisprudence:-

Point of Difference “Narrow Sense of Jurisprudence” “Wide Sense of Jurisprudence”
Focus or Subject matter In narrow sense, jurisprudence focuses on the basic principles of the laws of the state which are most necessary and from which other things develop. In other words it may be said that it focuses on abstract principles of laws.
Abstract (=theoretical; conceptual)
(Antonym of ‘abstract’ is ‘concrete’).
In wide sense, jurisprudence not only focuses on the basic or abstract principles of laws of the state but also focuses on the process of growth of concrete system of administration of justice in a state.

Concrete (=actual ;material; solid, practical)
(Antonym of Concrete is abstract)

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