JURISPRUDENCE. The science of the law. The practical science of giving a wise interpretation to the laws and making a just application of them to all cases as they arise.
The science of human law. And. Am. L. § 18.
By science, in the first definition, is under stood that connection of truths which is founded on principles either evident in them selves or capable of demonstration,—a col lection of truths of the same kind, arranged in methodical order. In the latter sense, it is the habit of judging the same questions in the same manner, and by this course of judgments forming precedents. 1 Ayliffe, Pand. 3. See Bentham, Austin, Amos, Markby, Heron, Phillimore, Lorimer, Sal mond, Taylor, Lindley, on Jurisprudence.
Sir F. Pollock divides jurisprudence into: 1. Positive (which is practical, historical, comparative or analytical); 2. Final juris prudence ; and 3. International jurispru dence. General jurisprudence is hardly more than the collective result of comparative and analytical jurisprudence. Comparative jurisprudence deals with the groundwork and typical conceptions which are common to all legal systems, or to all that have made any considerable way towards completeness; and analytical jurisprudence with specula tions as to such ideas as Duty, Intent, Own ership, Possession, etc. By Final Jurispru
dence he designates the consideration of laws as they ought to be—ground which be longs perhaps more to the statesman than the lawyer. It assumes the shape of a The ory of Legislation, with special branches treating of the formal structure of laws, codification, legal procedure, etc. The gen eral principles of legislation and government, which are put forward as claiming assent from all men in so far as they are rational and social beings, are said to be of natural obligation. The sum of them is called the law of nature, droit natural, Naturrecht. The law which would in itself be best for a given nation in given circumstances is some times called by a certain school of writers, positive law. The sort of doctrine which embodies it may be called Ethical Jurispru dence (Oxford Lectures, The Methods of Jurisprudence).
As to a distinction between jurisprudence and law, see Holland Jurisprudence 5-12; Taylor, Jurisprudence 28.