What is Jurisprudence
What is Jurisprudence
The term Jurisprudence is derived from the Latin word “Jurisprudentia” which means either “knowledge of law” or “skill of law”. The definitions for jurisprudence are universal; however the following definition was given by a leading jurist. According to known Barrister-at-law Esq John Austin, jurisprudence is a “philosophy of positive law” which is laid down by a political superior for controlling the conduct of those subject to his authority. He states that jurisprudence is divided into two division which are General jurisprudence encompassed of subjects of law that are common to all systems and Particular jurisprudence which consists of the science of any actual system of law. The present definition of Jurisprudence may be tentatively describe as any thought or writing about law and its relation to other disciplines such as philosophy, economics, anthropology inter alia. According to Lord Redcliffe jurisprudence is part of history, part of economics and sociology, and a part of philosophy of life. One purpose of jurisprudence is to construct concepts and make law more manageable and rational; this concept teaches individuals to look around them and realize that answers to new legal problems must be found by consideration of the present social needs and not in wisdom of the past. It is also stated that it is a grammar of law that gives light to basic ideas and fundamental principles of law, ie negligence, liability inter alia; it also trains the mind to solve difficult legal provisions in a legal way. And also to help judges and attorneys in ascertaining the true meaning of the laws passed by the legislators, finally it enables attorneys to study foreign law because the fundamental principles are generally common to all systems of law.
The present state of jurisprudence in the Common wealth Caribbean
The term Jurisprudence is derived from the Latin word “Jurisprudentia” which means either “knowledge of law” or “skill of law”. The definitions for jurisprudence are universal; however the following definition was given by a leading jurist. According to known Barrister-at-law Esq John Austin, jurisprudence is a “philosophy of positive law” which is laid down by a political superior for controlling the conduct of those subject to his authority. He states that jurisprudence is divided into two division which are General jurisprudence encompassed of subjects of law that are common to all systems and Particular jurisprudence which consists of the science of any actual system of law. The present definition of Jurisprudence may be tentatively describe as any thought or writing about law and its relation to other disciplines such as philosophy, economics, anthropology inter alia. According to Lord Redcliffe jurisprudence is part of history, part of economics and sociology, and a part of philosophy of life. One purpose of jurisprudence is to construct concepts and make law more manageable and rational; this concept teaches individuals to look around them and realize that answers to new legal problems must be found by consideration of the present social needs and not in wisdom of the past. It is also stated that it is a grammar of law that gives light to basic ideas and fundamental principles of law, ie negligence, liability inter alia; it also trains the mind to solve difficult legal provisions in a legal way. And also to help judges and attorneys in ascertaining the true meaning of the laws passed by the legislators, finally it enables attorneys to study foreign law because the fundamental principles are generally common to all systems of law.
The present state of jurisprudence in the Common wealth Caribbean