What is Jurisprudence? Jurisprudence is derived from the Latin word “jurisprudential” means knowledge of law or skill in law.
Mean to have knowledge about the legal work and theories and the person who is expert in this is call jurist. There are many jurists in the world who define the law in their way you are also a jurist. If you have knowledge about the law lets, we define the word jurisprudence.
The philosophy of positive law and the positive law means command by sovereign backed by sanction this definition is by the jurist “Austin.”
Another definition is jurisprudence is a science of law by law means the law of land this is by “William Salmound.”
Simple is that the knowledge and having information about the legal work and theories and who know about the techniques of study about the law and having such command to interpret the law is called jurisprudence also in the wide sense.
Importance of Jurisprudence:
The importance of jurisprudence is so wide because it is essential part of legal study and all about legal there a number of important roles of it in the law field followings are some importance of it.
- Remove the complexities of law
- Answer the new problems
- Grammar of law
- Training of mind
- Fully command of the subject
- Useful in art of pleading and legislation
- Interpretation of law
- To study of foreign law
- Help to find out the better solution of the problems
- Help to understanding the law
- Define the new sources of law
- Facilitate in the process and procedure
- Recognize the better options of remedies
- To study the different laws of different nations
The above are the importance of the jurisprudence which help us in the various ways for making advanced in law.
Imperative theory of law according to jurisprudence:
The imperative theory which is called also positive law theory and define earlier at above that “Law is command by sovereign backed by sanction.”
This is the theory and it is famous in the history of jurisprudence there are various theories have been put forward through the countries and many jurists to answer the question that what is law? But no one is accepted accept the imperative theory which accepted and followed by the jurists.
Professor Hubbs was the first who presented this theory but it attributed to “John Austin” so therefore it is called the Austin theory and positive law as well.
Elements of Theory:
There are the three elements of this theory and these are the followings:
As this theory presented there are some merits and demerits of this theory that show its importance and validity and make it a unique in the eye of jurist according to this theory the following are the Merits and Demerits of the Theory the imperative theory.
Merits of Imperative theory:
- Applicable to modern society and suitable for specific system
- Clear definition of law
- Make authority in law
- One power decision
- No any ambiguity
- Fully enforced
- Fully judged
Demerits of Imperative theory:
- Laws before the state and customs
- Law made by the king
- Judges interference
- Death of Sovereign abolish the law
- Law as command
- No discussion with jurists
- Single decision maker for people at large
- Less beneficial