It jurisdence is the legal term which is often used in a legal field, it has an important status in this field. It gives the knowledge in depth which is not limited to the courtroom. In simple terms it is a theory of law or philosophy of law. This subject explores the fundamental questions such as -
What is Law?
How does it work?
Why Does Law Exist?
More often it is interpreted as study of the primary principle of law with their philosophical, historical and sociological bases and it is also an analysis of the legal concepts. Unlike the other disciplines which focus on the specific laws and Legal procedure, Jurisprudence examines the basic principles that shape the legal system.
Jurisprudence Definition
In simple words it means the “knowledge of law”, basically the word jurisprudence made with two Latin words Juris and Prudentia. Juris means law and Prudentia means knowledge has come together and made knowledge of law.
It emphasizes a deep research and view of thinking about justice, right duties and the nature of law. philosopher legal Scholars and theories are prominent personalities under jurisprudence. They are analysing how law is created, interpreted and enforced. They also tell the legal system - how they should be.
According to Salmond - It is a kind of study in which the essential principles of law must be analyzed. It is also known as the science of first principle of civil law. Some examples of legal notions are environmental law, contracts, torts, administrative law, criminal law etc. these consist of a set of rules.
There is no such legal authority and it has no practical implication. It's just theoretical or research based. The philosophers and jurists have free approach under the jurisprudence while their investigations. Furthermore, the method of enquiry in jurisprudence is distinct from other legal disciplines.
This subject talks about the questions answered, which are given below:
What is the law ?
The are following main fields of investigation:
Why Jurisprudence Matters
So Why is understanding jurisprudence important? for everyone who is involved in the legal field. From law students to lawyers and judges to policy makers, understanding this discipline is crucial because it provides a framework for thinking critically about how the law reacts in society.
It makes sure that no is not just enforced but also makes changes, if any question arises or in order to keep up with the times. It encourages jurists about Liberty justice, equality, fraternity and fairness in society. In today's Era when the legal system is revolving day by day, such philosophers have to ensure that long term and just manners and promote humanity.
Value of Jurisprudence:
Jurisprudence does not contain a set of rules like in other legal subjects such as contract criminal law etc. Basically it does not have practical application. Whereas it has a huge importance in law, it has its own values and uniqueness. There are some values of jurisprudence given below:
1. This subject is already captivating.
2. Other subjects in the fields of political, medical, and social thought have been impacted by its research.
3. It is informative since it improves the lawyers' own practices.
4. The method and explanations of jurisprudence help to resolve the legal problems.
As a result, theory contributes to problem solving in the legal system. This subject has a huge importance in the law field and the legal profession can not complete without this subject. All the law schools, colleges and universities include jurisprudence in their law courses curriculum.
Schools of Jurisprudence
Although there are many schools of jurisprudence, we only discussed three main schools in this article. If you want to know more about schools of jurisprudence then go with this link: Click Here
Three Main Schools
1. Analytical
2. Historical
3. Ethical Schools
1.Analytical School:
Founder of this school was Austin and the approach of this school is dogmatic. This is also popular with the name of English School. generally it has a Systematic study of legal principles. It is important to analyze the contents of the various legal notions Passed of present. however it generally days with the topic such as -
2. Historical School:
This is another famous tool of students which is founded by the savigny. This school is also known as the continental school which aims to examine the general and philosophical part of legal theory. The approach of this school is historical.
The main purpose of this school is to track historical evolution of the processes which ultimately lead to the developed legal system. In simple words it exam in “what it is, from what it was”. the influence of social conditions on legal theories. Hands it exam is how these concepts evolved through generations.
Usually it deals with the origin and development of the fundamental principles of law and the conception which is essential in the philosophy of law. To some extent this area of deals is related to the analytical school but the approach of this school is historical.
3. Ethical School:
This school mainly deals with the general or philosophical part of the science of legislation. The main purpose of this school is to Tell what the law ought to be, not what it is. And it does not deal with the present but takes care of the ideals for the future.
It emphasizes moral and ethics significance in this school. The theory of justice in relation to law is the concept of ethical school.
Grotius Is known as the father of this school. followed by Kant and hegel developed the further ethical Concept for this school. As Salmond says in order to understand the jurisprudence, the study of its schools is essential because these schools are closely related to the subject.
