In our previous blogs, we covered what is jurisprudence, the importance of jurisprudence and definitions given by jurists and scholars. In this blog, we will talk about Jurisprudence and its relation with other sciences and subjects. We’ll cover 6 different subjects today in relation to jurisprudence. They are
Jurisprudence & Sociology
This is the most important among all these. This branch is called Sociological Jurisprudence. Sociological jurisprudence and its related field sociology of law together constitute an immense field of study, embracing all aspects of the relations and interactions between law and society. Basically, sociology deals with society and laws are implemented in society. That’s why this branch has a straight connection with Jurisprudence.
Why these two are interlinked with each other:
-To know pros and cons of a crime, it is very essential to have a knowledge of the society.
-Sociology helps bringing social reforms and prevent social wrongs.
-It concerns with how law works rather than fundamental and basics.
-It helps laws to be made as per society’s need.
-The motives, aims, theories of punishment and types of punishment are helped by sociology.
Without social interaction, law would be just a hypothetical perception without any practical utility.
Criminology is a partial result of both these two branches. Because in criminology, we study inter-disciplinary studies related to both sociology and law.
Jurisprudence & Economics
What is the relation between law and economics? Most people will say there is no relation between these two or not much. But there is a relation between these two. Economics is the science of money and wealth, on the other hand, jurisprudence is the science of law. This relation was ignored for a long time until many jurists found relation and importance between these two. Economics focuses on wealth and distribution of wealth in the society. On the other hand, law focuses on regulating lives of people through rules and regulations. Main focus of economics, that is satisfying one’s need or want and distributing wealth. It can push a person to do various crimes like theft, kidnapping, etc. Jurisprudence focuses on personality and that’s why these two are interconnected. Both these two subjects are trying to develop the society and improve the life of an individual. Karl Marx was the first one to observe these two topics.
According to some jurists, there must be “Leissez Faire”. Leissez faire means there must be minimum interference of law in the economic life of the people.
Jurisprudence & Psychology
Criminological jurisprudence is the outcome relationship of jurisprudence & Psychology. This branch is called Psychological Jurisprudence. Both these develop a lawyer’s mind to understand a criminal’s mind as these two subjects deal with mind and behavior. Knowledge of psychology helps in finding answers for motive behind a crime, criminal personality, reasons for crime, etc. Mens Rea and Actus Rea, these two are the most important things in criminal law. Mens rea is all about intention and intention is connected to the human mind. Psychology deals with the human mind. Psychology also helps in deciding punishment like crime due to anger, crime due to pleasure, crime to create fear all these. There is a whole series (Mindhunter) based on this on Netflix. This series is based on true events.
Here’s the trailer of Mindhunter.
Jurisprudence & Ethics
This branch is called Ethical Jurisprudence. Ethical jurisprudence focuses on how law should be in an ideal state or how law ought to be rather than law as it is. Ethics is good human behavior and the purpose of jurisprudence is also good human behavior.
Sometimes ethics is based on public opinion. Like, in Hindu marriage, only one marriage is legalized. It is a public opinion and people have followed it for many years. If any law comes against it, like second marriage is also legal then it will be against public opinion as well as morality. According to this branch, no law is good unless it respects and reflects the sound principle of human value. That’s why these two are interlinked and connected with each other.
Note: Austin didn’t support this relation between these two.
Jurisprudence & History
History is all about studying past events. Law has not developed overnight. It has developed and evolved with time and age. The study of jurisprudence also requires the knowledge of history for
- Understanding custom
- Background for a legislation
- Case Laws
History helps jurisprudence to go deep into origin and evolution of different legal terms. For an example, Dowry Prohibition Act, 1961 was made due to past events i.e. history. Because of dowry, there were many cases. To prevent these cases, this act was introduced. These are the reasons why this branch is so important and this branch is called Historical Jurisprudence.
Jurisprudence & Politics
There is a direct connection between politics and law because politicians are part of a legislature. While making laws, politicians consider these below things
- Parties interests
- Societies interest
- Action & reaction
Political jurisprudence focuses on making unbiased laws, making laws without any agenda and making law without political influences. According to this branch, laws shall be made for people excluding all these negative influences.