Therefore, it is a formal science of positive law. The term positive law confines the enquiry to these social relations which are regulated by the rules imposed by the States and enforced by the Courts of law.
Holland said that Jurisprudence is a science because it is a systematized and properly co-ordinated knowledge of the subject of intellectual enquiry. According to them, Jurisprudence is a formal science because it is concerned with the form, conditions, social life, human relations that have grown up in the society and to which society attaches legal significance. This definition has been criticized by Gray and Dr. Therefore, Jurisprudence is a Formal Science. According to Holland, Jurisprudence is not concerned with the actual material contents of law but only with its fundamental conceptions. The reason for using the word ‘Formal Science’is that it describes only the form or the external sight of the subject and not its internal contents. According to him, how positive law is applied and how it is particular is not the concern of Jurisprudence. We study only the external features and do not go into the intricacies of the subject. Formal here means that we study only the form and not the essence. We can see that, he simply added the word ‘ formal’ in Austin’s definition. 
He said that Positive Law means the general rule of external human action enforced by a sovereign political authority. It is an analytical science rather than a material science.
Holland’s Definition– Jurisprudence means the formal science of positive laws. He said that it is only the material which is particular and not the science itself. This is not always true as there could be concepts that fall in neither of the two categories. He said that for a concept to fall within the category of ‘General Jurisprudence’, it should be common in various systems of law. Particular Jurisprudence– It is the science of any actual system of law or any portion of it.īasically, in essence they are same but in scope they are different.General Jurisprudence– It includes such subjects or ends of law as are common to all system.It has nothing to do with the goodness or badness of law.
Jurisprudence is nothing but the science of law.Īustin– He said that “Science of Jurisprudence is concerned with Positive Laws that is laws strictly so called. Law is made by the State so there could be nothing good or bad about it. Thus, we see that there can be no goodness or badness in law. He further said that it is a lawyer’s examination of the percept, ideas and techniques of law in the light derived from present knowledge in disciplines other than the law. He said that it is a lawyer’s extraversion.
Stone also tried to define Jurisprudence. The structure of English Legal System remained with the formal analysis of law (Expositorial) and never became what it ought to be (Censorial). However, Austin stuck to the idea that law is command of sovereign. Examination of Law as it ought to be- Censorial Approach– Morality of Law. Examination of Law as it is- Expositorial Approach– Command of Sovereign. Austin took his work further.īentham was the first one to analyse what is law. Bentham is known as Father of Jurisprudence. Most of our law has been taken from Common Law System. Jurisprudence– Latin word ‘Jurisprudentia’– Knowledge of Law or Skill in Law. It is believed that Romans were the first who started to study what is law. When an author talks about political conditions of his society, it reflects that condition of law prevailing at that time in that particular society. There is no universal or uniform definition of Jurisprudence since people have different ideologies and notions throughout the world.
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