Since then, the scope of the case law has expanded. Now it encompasses the whole range of rules, not just good laws. The versatility of the judiciary in interpreting the law in support of the social objectives of the State has also led to an unprecedented expansion of the legal field. The word “jurisprudence” is derived from a Latin word juris-prudentia, which in the broadest sense means knowledge of the law. The Latin word juris means right and prudentia means competence or knowledge. Case law therefore means knowledge of the law and its application. Roscoe Pond defines jurisprudence as “the science of law.” The English jurist Sir Thomas Erskine Holland defines case law as follows: “Case law is the formal science of positive law”, according to him, jurisprudence should deal only with the basic principles of the concepts underlying any natural legal system. In the history of time, this subject allows us a flexible approach to all kinds of legal issues, endowed with a deeper understanding of legal reasoning, legal systems, legal institutions and the role of law in society, although it is not limited as it is a growing topic. But there are differences of opinion about the nature of justice.
This is called both art and science. But calling it the science of law would be more accurate. The reason is that, just as in science, after a systematic study, we draw conclusions by inventing new methods. The word jurisprudence is derived from the Latin term juris prudentia, which means “the study, knowledge or science of law”. In the United States, jurisprudence generally means the philosophy of law. There are many aspects to the philosophy of law, but four of them are the most common: It can be said that each researcher defines jurisprudence differently. When one scholar defines this term, another criticizes it and provides a different definition from his point of view. Below is a brief description of what some eminent scholars say about case law. Austin defined the law as a rule established to guide an intelligent being by an intelligent being who has power over him. According to him, the so-called just law includes: the law of God, the laws of man and the rules of a positive nature. Case law allows us to grasp the more abstract nature of the law.
Case law is an important part of the law based on different assumptions and interpretations. Case law speaks of the relationship between law, culture, man, nature and other social sciences. Jullius Stone defines jurisprudence as “extroversion of the lawyer.” According to Julius Stone, the study of jurisprudence should be integrative and synthetic, as well as focused, keeping in mind the need for humanistic justice through human and just law. He therefore firmly believes that “jurisprudence is the extroversion of the lawyer”. It is the examination of the commandments and techniques of law by the jurist in the light of modern knowledge in disciplines other than law.” These are certain types of investigations into the law and investigations of an abstract, general and theoretical nature that seek to reveal the essential principles of law and legal systems. Salmond noted: “In case law, we are not concerned with deriving from the rules of authority and applying them to the problem; Rather, we want to reflect on the nature of legislation, the underlying meaning of legal concepts and the essential characteristics of the legal system. Laski defines jurisprudence as “jurisprudence” that is an eye of the law. Jurisprudence is the grammar of law. It highlights the fundamental ideas and principles of law.
By studying law, a lawyer can discover the real legal norms. There are different types of jurisprudence that are used for the entire study of law. There is no complete law school per se. Different law schools offer different methods of legal analysis that expose each other in order to obtain a better legal theory that can be implemented in different circumstances. The analytical school focused on the law as it is, without taking into account the moral nature of the law. In the classical school of law, the interpretation of law as an instrument of social regulation was lacking. “. To try to find a satisfactory definition of the law is to limit jurisprudence to a straightjacket from which it constantly tries to escape. Case law is the theoretical and analytical study of law.
It is often referred to as the grammar and philosophy of law. Jurisprudence first appeared in the classical Greek period and underwent several changes later in the 21st century. Every year, new changes are made to legal practice to help people better understand it. The jurisprudence focuses on theory and legal foundations. The legal structure was formed on the basis of the same legal principles. Case law is when a person creates ideas in their head about a particular legal theory. In jurisprudence, legal studies are the basic steps. It is a process in which a person thinks about a particular aspect of the law or its characteristics, or the entire legal system. Simply put, if you`re studying property law and trying to figure out why it was formed and how relevant it is to your area, that`s case law. When a person studies case law, he or she may ask questions about a particular statute and the reason for its formulation, and how it differs from a custom or moral principle. Case law also covers the areas of gender and compensatory justice (LGBT) For more on case law, see this article from the Yale Law Journal, Washington University Jurisprudence Review and this article from Michigan Law.
Case law involves an examination of the law that is of an abstract general and theoretical nature, while legal theory, on the other hand, is an attempt to answer what law is in order to best clarify. All legal terms In addition to the study of formal law or paper law, it aims at the practical study of law. Ehrlich`s definition of living law linked the right to the real existence of society, thus promoting empirical research on the law in the context of society. The importance of living law in India becomes convincing because there is a huge gap between formal legislation and the norms that prevail in culture. An example of the difference between practical things in society and formal laws can be given in the Dowry Prohibition Act of 1961, where further amendments were made to the laws to punish the offence with severe penalties, but mischief in society is not limited. The term jurisprudence has had different meanings at different times. For this reason, Julius Stone called the case law “lawyer`s extroversion.” Here are the definitions of some eminent jurists: He criticized the Austin jurisprudence`s definition because some concepts do not fit into any of Austin`s established categories. According to Salmond, jurisprudence is the “science of law”.
Its legal department consists of two parts: Salmond defines jurisprudence as “the science of the first principles of civil law”. Like these, jurisprudence encompasses all concepts of human orders, human behaviour in the state and society. With respect to the scope of the jurisprudence, Justice P.B. Mukherjee noted: “Case law is both an intellectual and idealistic abstraction and a behavioural study of a man in society. It encompasses political, social, economic and cultural ideas. It includes the study of man in relation to the state and society. Law, so-called simple and strict law, fixed by political superiors towards subordinates. Thus, the school founded by him is designated by various names of logical, positivist and analytical positivism. Austin is considered the founder of English jurisprudence. The term “jurisprudence” has been used in different senses at different times.
Sometimes it has been used as a synonym for the term “law”, sometimes as a philosophy of law, and sometimes as jurisprudence. The current trend seems to be to prefer the concept of legal theory to the concept of jurisprudence. The range of case law is not limited to one or a few legal frameworks examined. It is a comparative examination of different legal systems, proposing codification and institutional changes through legislation.