The Nature, Scope and Utility of Law
1 The Definition of Jurisprudence
Jurisprudence is the science or philosophy of law.
2 The Nature of Jurisprudence
There are no rules which govern jurisprudence. There is no body of case law from which it is derived although it involves the study of leading cases (which clearly display the workings of the legal system). And, there is nothing analogous to Statutory Law in jurisprudence. The result is that it is very subjective and sensitive to personal opinion.
3 The Scope of Jurisprudence
Jurisprudence deals with:
1. The nature of law; its essential features and what it is that makes it law, and not only differentiates it from other areas of study such as ethics and morality but also tries to link it with them and study it in the background of the wider social milieu
2. The analysis of legal concepts
3. Law as it is and functions in society
4. The way in which the law functions
5. How effective the law is and how it is enforced
4 The Value of Jurisprudence
Jurisprudence has no practical applicability as such but that is not to say that it has no value: it is so closely linked to other disciplines that a jurisprudential enquiry could well result in changes in the way in which we understand other subjects and change our understanding of the nature of law itself. Some Classical Statements, for example, which were virtually considered to be axioms in law are now accepted as being nothing more than the result of socio-political and economic circumstances.
Jurisprudence also helps lawyers (with their love of formalism) to stop focusing simply on rules and regulations without even attempting to understand the underlying principles and it forces them to look to the future and at the latest advances in other related fields (such as at economic theory in relation to contract law) instead of concentrating solely on well-established precedents from history.
Jurisprudence is the science or philosophy of law.
2 The Nature of Jurisprudence
There are no rules which govern jurisprudence. There is no body of case law from which it is derived although it involves the study of leading cases (which clearly display the workings of the legal system). And, there is nothing analogous to Statutory Law in jurisprudence. The result is that it is very subjective and sensitive to personal opinion.
3 The Scope of Jurisprudence
Jurisprudence deals with:
1. The nature of law; its essential features and what it is that makes it law, and not only differentiates it from other areas of study such as ethics and morality but also tries to link it with them and study it in the background of the wider social milieu
2. The analysis of legal concepts
3. Law as it is and functions in society
4. The way in which the law functions
5. How effective the law is and how it is enforced
4 The Value of Jurisprudence
Jurisprudence has no practical applicability as such but that is not to say that it has no value: it is so closely linked to other disciplines that a jurisprudential enquiry could well result in changes in the way in which we understand other subjects and change our understanding of the nature of law itself. Some Classical Statements, for example, which were virtually considered to be axioms in law are now accepted as being nothing more than the result of socio-political and economic circumstances.
Jurisprudence also helps lawyers (with their love of formalism) to stop focusing simply on rules and regulations without even attempting to understand the underlying principles and it forces them to look to the future and at the latest advances in other related fields (such as at economic theory in relation to contract law) instead of concentrating solely on well-established precedents from history.
Labels: Jurisprudence
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