Meaning and Concept of General Jurisprudence
General Jurisprudence is the branch of jurisprudence that deals with the basic principles, concepts, and theories of law which are universally applicable to all legal systems. It does not focus on the law of any particular country but studies law in an abstract and comparative manner. Concepts such as the nature of law, rights and duties, justice, ownership, possession, liability, and legal personality fall within the scope of general jurisprudence. It seeks to answer fundamental questions like What is law?, What is justice?, and Why should law be obeyed? Thus, general jurisprudence provides the theoretical foundation of legal studies.
Scope and Juristic Explanation
General jurisprudence examines legal ideas that transcend national boundaries. Jurists like Austin, Salmond, Kelsen, and Hart contributed to general jurisprudence by formulating theories applicable to all legal systems. For example, Austin’s concept of law as a command, Kelsen’s Grundnorm, and Salmond’s definition of law are studied irrespective of any specific country. These principles help in understanding the structure and functioning of law universally. General jurisprudence is concerned with law as a science rather than law as a statute.
Importance and Relevance
The importance of general jurisprudence lies in its ability to provide conceptual clarity and analytical skills to law students and jurists. It helps in comparing different legal systems and understanding the philosophy behind legal rules. Courts and lawmakers indirectly rely on these principles while interpreting laws and framing policies. In India, constitutional interpretation often reflects general jurisprudential principles such as rule of law, justice, and equality under Articles 14 and 21 of the Constitution of India.
Real-Time Illustration
A real-time example of general jurisprudence is the concept of rule of law, which applies to almost all democratic legal systems across the world. Whether in India, the UK, or the USA, the idea that law is supreme and everyone is equal before it reflects a universal jurisprudential principle rather than a country-specific rule.
Mnemonic for Easy Recall
A simple mnemonic to remember General Jurisprudence is “URCL”.
U – Universal principles
R – Rights and duties
C – Conceptual study of law
L – Law in general
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