Jurisprudence - Lesson 1

What is Jurisprudence?

Jurisprudence is basically a theory and philosophy of law that has been developed by the scholars of jurisprudence in order to achieve a better understanding of the nature of law, legal reasoning, legal system and legal institution. It was derives from a Latin word of juris prudentia which means "the study, knowledge, or science of law"

There are three mains aspects that has been agreed by the scholars as jurisprudence developed:-

1. Natural Law

• God made lawDeveloped through religion
• Later evolve to science/euphemism (reason/reasoning – based on sense of right or wrong

2. Analytical jurisprudence

• Using analytical approach by asking a lots of question
• Question such as ‘What is law?’ ‘What is the relationship between law and morality?’ etc.

3. Normative jurisprudence

• Overlaps with moral and political philosophy
• Asking what law ought to be

Legal philospophy of jurisprudence cover:-

• Seeks to analyze, explain, classify, and criticize entire bodies of law
• Compares and contrast law with other field such as literature, economics, politics etc.
• Seeks to reveal the historical, moral, and cultural basis of a particular legal concept
• Focuses on finding the answer to such abstract questions

Jurisprudence in short can be describe as: -

1. Legal Theory

• Perspective on the nature of the law
• i.e: whether law is just a rule or its reflect society morality

2. Legal Philosophy

• Explores the value implications or referring to something as legal
• i.e: whether legality reflects morality, thus, deem to be obey

3. An analytical

• Examine contemporary issues
• i.e: legality of abortion or euthanasia

Main school of jurisprudence:-

1. Positivism

• Reject everything that is metaphysical
• Law has got nothing to do with divinity
• Law as prescribe by sovereign political authority only
• Justice and morality is immaterial as no connection between law and morality

2. Realism

• Law is just another name for politics
• More radical view of law
• Law is what the court decide
• Rules, statutes, act of parliament and many other written law is just a mere guide, thus, there are no certainty or guaranteed based only on the provisions unless the courts say so

3. Naturalism

• Law as God's rule
• Law must reflect eternal principles of justice and morality that exist independent of governmental recognition
• Moral philosophy, religion, human reason and individual conscience are also integrating parts of the law
• Refer above note

4. Formalism

• Proposes law as science
• Treats it as math and science
• Issues will be resolved by the judges by applying the legal principles

Note: Each word in different colour can be click for further understanding. Do refer to the philosophy section.