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Understanding Jurisprudence Basics

Jurisprudence refers to the study, knowledge, or skill of law. It can be defined as the science of the first principles of civil law or the philosophy of positive law. There is no single agreed upon definition. Over history, jurisprudence has evolved from ancient concepts of law and justice in Rome and India to today's more advanced academic study of the law. Studying jurisprudence helps simplify complex legal concepts and aids in effective legal practice and interpretation.

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115 views2 pages

Understanding Jurisprudence Basics

Jurisprudence refers to the study, knowledge, or skill of law. It can be defined as the science of the first principles of civil law or the philosophy of positive law. There is no single agreed upon definition. Over history, jurisprudence has evolved from ancient concepts of law and justice in Rome and India to today's more advanced academic study of the law. Studying jurisprudence helps simplify complex legal concepts and aids in effective legal practice and interpretation.

Uploaded by

Einah Einah
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To understand the meaning and the definition of jurisprudence let us

first see its etymology. The word ‘jurisprudence’ is the English


derivation of the Latin word ‘jurisprudentia’. The translation of the
word means the study, knowledge or skill with regards to the law.

Over the course of history, there have been many forms of the definition
of jurisprudence. Romans liked to call it the observation of all things
human, combined with the knowledge of the just and unjust. Salmond
defines it as the science of the very first principles of civil law.

It is also known as the science or philosophy of positive law. There is


no one correct definition of jurisprudence, all of these are correct in
their own regard.

History of Jurisprudence

The concept of law and justice has its beginning in the era of ancient
Rome and ancient India. And since these prehistoric times to today in
the 21st century, it has evolved and grown through many stages.

Some of the first mentions of the concept of jurisprudence are found in


ancient Indian texts known as the Dharmashastra texts. In these times
there was a great belief in the concept of dharmas and morals.

Then in ancient Rome, the concepts developed further. They had forms
of traditional law as we see today. Along with this, citizens also abided
by a body of oral laws and customs and regulations.

The Roman empire leads to the rise of various schools of law. The
practice of law became more advanced and academic.

Importance of the Study of Jurisprudence


The study of jurisprudence is not only limited to the development and
evolution of law. The academics who study jurisprudence also make
great contributions to the fields of other social sciences like the political
and social fields. This leads to the overall development of society.

The study of jurisprudence also helps uncomplicate some of the


concepts and complexities of the legal world. It makes them more
manageable and rational and thus easier to understand. This can also
lead to a more effective practice of law.

We often call jurisprudence the grammar of the law. It will help a


lawyer the basic ideas and reasoning behind the written law. It helps
them better understand the fundamentals of the law and help them
figure out the actual rule of the law.

The lawyer and judges can use jurisprudence as a guide to correctly


interpret certain laws that require interpretation. The study of
jurisprudence does not serve only academic purposes. It will help
lawyers and other practitioners in the practical world as well.

It sharpens their legal knowledge. Also, it trains the mind to find


alternate routes and channels of thought in case of difficulty. The law
can mean more than one thing, and this exploration is a direct effect of
the study of jurisprudence.

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