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Jurisprudence (Latin jurisprudentia, from jus,law,
and prudentia,knowledge), knowledge of the law and
its interpretation, or the science and
philosophy of law. In ancient Rome the term was used
in the former sense. Those who were so skilled in the law that
they could decide a novel or doubtful case were called juris
prudentes, whether or not they were judges.
Essential elements/relation that law
bears to the social sciences, politics, ethics, and economics;
the way in which law originatesin popular customs, judicial
usage, and legislationand the way in which it ceases to
existby desuetude, change of usage, abrogation,
or repeal; its application with reference to persons, time, and
place; and the way in which it is enforced.
Jurisprudence formulates legal relations,
rights, and duties. ......... It may also attempt to classify
all the relations that the law recognizes or creates and which it regulates or orders.
The principal modern schools of jurisprudence are the
natural-law school, the analytical school, the historical school,
the comparative school, and the sociological school. The
first three differ mainly in their views of the nature and origin
of law and its relation to ethics.
To the natural-law jurist, law is antecedent to the state;
to the analytical jurist, it is the creation of the state; and
to the historical jurist, state and law are social products,
developing side by side, each influencing the other.
1 -To the natural-law jurist, law is
cognizable by pure reason law is applied ethics, and,
in the extreme form of the theory, that which is not right is
not law.
2 -To the analytical jurist, it is the
command of the sovereign power; a law that commands
what is ethically wrong or forbids what is ethically right is no less a law if it proceeds from the political
sovereign.To the analytical jurist, customary law, including
judicial custom, is an anomaly that should be abolished by covering
the whole field of social relations with written codes.
3 - To the historical jurist, it is the
formulated wisdom of men and women. The historical jurist
accepts this position taken by the analytical school, but points
out that it is difficult for a lawmaker to act otherwise than
in accord with the contemporary sense of
right, and that laws which run counter to that sense are not
likely to be enforced. Historical jurisprudence differs
from analytical jurisprudence chiefly in emphasizing the great
part played by social custom in developing and establishing law.
4. The sociological school of jurisprudence
.....Its approach to the analysis of law differs from that of
the other schools in that it is concerned
less with the nature and origin of law than with its actual functions
and end results. The proponents of sociological jurisprudence
seek to view law within a broad social context rather than as
an isolated phenomenon distinct from and independent
of other means of social control. They are concerned with
practical improvement of the legal system. |