The Essence of Philosophy of Jurisprudence with Emphasis Put on Definition of Jurisprudence

Abdolhossein Khosropanah


“Philosophies of” include two groups: philosophies of sciences and philosophies of affairs; and philosophy of rules and rights is of the latter kind. Philosophies of sciences are disciplines of second order, which employing the history of the sciences added to them, provide responses for external questions of those disciplines and after description, go to analyze them in a logical way. Philosophy of jurisprudence or epistemology of jurisprudence is a discipline which, as an observing discipline, refers to jurisprudence and studies its subject, predicate, problems, premises, ends, methodological ways, and relations to other disciplines and phenomena. The most important question in the philosophy of jurisprudence concerns the essence of jurisprudence. Introducing a limited definition for jurisprudence, some authors have considered a minimal scope for jurisprudence. While describing this view, this article intends to introduce a comprehensive definition for jurisprudence, and provides replies for doubts posed by the intellectual movement against the essence of jurisprudence.