Subject: English Jurisprudence
Introduction
The study of jurisprudence started
with "Roman". In French, it refers to a "Case Law". The
evolution of jurisprudence is dynamic in its nature.
- Jurisprudence is the study of law and
legal philosophy and science.
- It is a formal mechanism of social control the legal system in particular ways of establishing and maintaining social order and protect harm to persons / Individuals from each other.
Meaning
Latin Word "Jurisprudentia" Juris means Law and Prudentia mean Knowledge. So Jurisprudentia means "Knowledge or Skill in Law".
Importance | Practical Value | Utility of Jurisprudence
It is a theoretical subject but it also has a practical and educational
value. The practical value or Utility or a purpose of jurisprudence has been
enumerated as under:
a. Remove The Complexities Of Law:
One of the
tasks of jurisprudence is to construct concepts and make the law more rational and
manageable.
b. Answers new problems:
Jurisprudence
trains to the people to look around and realize that answers to new legal
problems. It must be found by a consideration of the present social needs and
not in the wisdom of the past.
c. The Grammar of Law:
Jurisprudence
is the grammar of law. It throws light on the essential ideas and the
fundamental principles of law e.g. liability, negligence, etc.
d. Training of Mind:
Jurisprudence
trains the mind to solve difficult legal provisions in a legal way.
e. Grasp on the subject:
It helps significant and grasping the language, the basis of treatment, grammar and the assumption upon which subject rests.
f. Helpful in Art of legislation and Pleading:
It helps the
lawyer and legislators the proper use of legal terminology. It mitigates them to
the botheration creation of defining, again and again, certain expressions E.g.
Rights, duties, etc.
g. To Interpret law:
It facilitates
the lawyers and the judges in ascertaining the true meanings of the law passed
by the legislatures by providing the rules of interpretation.
h. To Study Foreign Law:
It facilitates
the lawyers to study foreign law because the fundamental principles are
generally common to all systems of law.
i. Importance by Different Jurists:
By Dr. M.J Sethna: The value of jurisprudence lies in examining the consequences of law and its administration on social welfare and suggesting changes for the betterment of the superstructure of laws.
By M. Dias: The study of jurisprudence is an opportunity for the lawyer to bring theory and life into focus, for it concerns human thought with social existence.
Conclusion:
To
conclude, I can say, that jurisprudence is the science of law and there are
different methods of approach to it. The true purpose of the study of
jurisprudence should not be confined to the study of positive law alone but
must include normative study, that deals with the improvement of law in the
context of prevailing, socio-economic and political philosophies of time, place
and circumstances.
Relationship of Jurisprudence with Other Social Sciences
Next Jurisprudence Topic
Relationship of Jurisprudence with Other Social Sciences
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