English Jurisprudence
Introduction:
English Jurisprudence, often referred to as the philosophy or theory of English law, is the study of the principles, concepts, and philosophies that underlie the legal system of England and Wales. It encompasses a wide range of topics, including the history of legal thought, the nature of law, the role of judges, and the development of legal principles over time. English jurisprudence provides a theoretical framework for understanding and analyzing the English legal system and its evolution.
The word "Jurisprudence" has been derived from a Latin word " jurisprudentia" which in its wide sense, means knowledge or skill of law.
The Latin word ' Juris' means law and ' Prudentia' means skill or knowledge.
👉Thus, Jurisprudence signifies knowledge of law and its application.
Meaning:
English jurisprudence encompasses various meanings and dimensions within the context of the study and practice of law in England and Wales. These meanings can be understood in different ways, and they often intersect. Where are some key meanings of English jurisprudence:
1. Philosophical Study of Law.
2. Legal theory and Legal Philosophy.
3. Historical Analysis.
4. Role of Judges.
5. Jurisprudence School of Thought.
6. Legal Education.
7. Interpretation of Statutes.
8. Comparative Jurisprudence.
9. Legal Reform and Policy Analysis.
Meaning
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Rules of action of nature Rules of human conduct
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Divine law Man made law
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i.e. Law of motion, Gravitation, Mechanics Positive law
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Universal and unchangeable Law set men to men
The history of law reveals that jurisprudence has assumed different meanings at different times.
Forever, 'law' being a dynamic concept, it changes with then evolution of society under different socio-economic and political conditions.
The flux of change in modern times has given rise to new challenges which are to be met by law through pragmatic approach in interpreting law.
Jurisprudence has two aspects theoretical and practical
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Theoretical Practical
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It is confined to fundamental Deals with individual problems
principles of law
In its theoretical aspect it is also called general jurisprudence. Theoretical jurisprudence is confined to the study of the general fundamental principles of law.
Practical jurisprudence on other hand, deals with individual problems (not with generalities), such as the law of contracts, specific relief etc.
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➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖
❕ ❕
Rules of action of nature Rules of human conduct
❗ ❗
Divine law Man made law
❕ ❕
i.e. Law of motion, Gravitation, Mechanics Positive law
❗ ❗
Universal and unchangeable Law set men to men
The history of law reveals that jurisprudence has assumed different meanings at different times.
Forever, 'law' being a dynamic concept, it changes with then evolution of society under different socio-economic and political conditions.
The flux of change in modern times has given rise to new challenges which are to be met by law through pragmatic approach in interpreting law.
Aspects:
Jurisprudence has two aspects theoretical and practical
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❗ ❗
Theoretical Practical
❗ ❗
It is confined to fundamental Deals with individual problems
principles of law
In its theoretical aspect it is also called general jurisprudence. Theoretical jurisprudence is confined to the study of the general fundamental principles of law.
Practical jurisprudence on other hand, deals with individual problems (not with generalities), such as the law of contracts, specific relief etc.