The importance of Jurisprudence PDF

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The importance of Jurisprudence 1. Help to understand the reasoning behind the creation of a written law. A statute is a basic subject for the investigation of law. The investigation by law specialists with their ideas and hypotheses will change the standpoint of legal players in their mission to look at a case more successfully. It challenges legal counselors from their inflexibility and formal attitudes while training them to be better at work and more focused on real social factors. Authority > Case/Law > 2. Help to understand the development and evolution of law. Law can never be static. Law has to keep changing according to the developments in society. In the same manner, the scope of the law also cannot be static. Austin says that law is the total of the guidelines set by men as political bosses or sovereign to men as politically subject. Jurisprudence originated in the Roman civilization with the Romans questioning the meaning and nature of law. It was quite limited since the concepts of law, morals, and justice were confused with each other. References are also made to the works of ancient Greek philosophers such as Homer, Socrates, Plato, and Aristotle. With the fall of the Roman Empire, the ideas of Roman and Greek jurisprudence disappeared and the Christian State emerged. Authority > Case/Law > 3. Help to understand the basis of judges’ decisions in court cases. In general use, the term “precedent” means some set pattern guiding future conduct. In the judicial field, it means the guidance or authority of past decisions of the courts for future cases. Only such decisions which lay down some new rule or principle are called judicial precedents. Judicial precedents are an important source of law. They have enjoyed high authority at all times and in all countries. This is particularly so in the case of England and other countries which have been influenced by English jurisprudence. The principles of law expressed for the first time in court decisions become precedents to be followed as law in deciding problems and cases identical with them in the future. The rule that a court decision becomes a precedent to be followed in similar cases is known as the doctrine of stare decisis. The reason why a precedent is recognized is that a judicial decision is presumed to be correct. The practice of following precedents creates confidence in the minds of litigants. Law becomes certain and known and that in itself is a great advantage. Administration of justice becomes equitable and fair. Authority > Case/Law >

4. Promotes unity of law in judicial decisions.

It is of paramount importance. In any constitutional state, judges are required to explain and apply the law equally to everyone. Consulting and scrutinizing prior judgments is a way to safeguard this equal administration of justice. This would in turn give confidence to the society towards the legal institutions. For example, in Macedonia, there is no uniform application of jurisprudence. Court rulings are mainly based on the letter of the law and there is hardly any room for interpretation of the law by judges. Under the strict formalistic (legalistic) approach jurisprudence is not considered to be a source of law. Authority > Case/Law > 5. Establishes the rule of law. In a "constitutional state" where the exercise of governmental power is constrained by the law. It is closely related to "constitutionalism" while is often tied to the English concept of the rule of law, but differs from it in that it also emphasizes what is just (i.e., a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity).In a Rechtsstaat, the power of the state is limited in order to protect citizens from the arbitrary exercise of authority. The citizens share legally based civil liberties and can use the courts. In continental European legal thinking, the Rechtsstaat is contrasted with both the police state and the État légal. 6. Contribute to the fields of other social sciences like the political and social fields. The subject has immense academic value. One of the most important features of jurisprudence is its relation with other social sciences such as sociology, political science, ethics, etc. Therefore, research in the field of jurisprudence yields a great number of social benefits. Moreover, jurisprudential concepts make way for sociological perspectives in law, thereby preventing it from being reduced to rigid formalism. Authority > Case/Law > 7. Helps promote the overall development of society. It stresses the importance of considering present social needs over the ideas of the past while dealing with legal problems. The core function of jurisprudence is to study the origin of law; From where a particular law has developed and traces back its origin as to how that law has contributed towards society. The matters related to birth, marriages, death, succession, etc., are equally controlled through laws. As a result, jurisprudence has a lot of applications in civil life. Authority > Case/Law > 8. Remove complicated concepts and complexities of the legal world. The purpose of jurisprudence is to study the law and legal concepts and analyze the same to facilitate a better understanding of legal complexities. Therefore, the theories of jurisprudence are quite useful in solving complex legal problems in the practical world.

The various studies and analyses of the legal concepts help a legal professional in sharpening his legal acumen. Authority > Case/Law > 9. Manage law to be easier to understand which would lead to the more effective practice of law. According to Justice P.B Mukherjee, “Jurisprudence is both an intellectual and idealistic abstraction as well as a behavioral study of man in society. It includes political, social, economic, and cultural ideas. It covers the study of man concerning to state and society.” Every jurist or thinker does not construct his research study on the rules already made but tries to understand their utility after due consideration. This is the reason jurisprudence has no limited scope and is a developing subject. 10. Help make decisions that have a good foundational basis and a better outcome. The aim of jurisprudence is to garner a deeper understanding of justice. Since jurisprudence generates varieties of interpretations it nevertheless establishes that even though there are indeed many ways to a solution but all solutions are basically to achieving justice, fairness, and equality. Therefore, those who were exposed to jurisprudence are able to use this understanding in forming a stronger decision with a better outcome. Authority > Case/Law > 11. Guides to correctly interpret certain laws that require interpretation. It greatly helps in the interpretation of the law and the determination of legislative intent. legal practice is an exercise in interpretation not only when lawyers interpret particular documents or statutes, but generally. Ronald Dworkin states that law so conceived is deeply and thoroughly political. Lawyers and judges cannot avoid politics in the broad sense of political theory. But the law is not a matter of personal or partisan politics, and a critique of law that does not understand this difference will provide the poor understanding and even poorer guidance. I propose that we can improve our understanding of law by comparing legal interpretation with interpretation in other fields of knowledge, particularly literature. I also expect that law, when better understood, will provide a better grasp of what interpretation is in general. Authority > Case/Law > 12. Serving academic purposes and helping lawyers and practitioners in the practical world. Jurisprudence is known as the “grammar of law”. It helps in the effective expression and application of legal concepts to real-life legal problems. Jurisprudence also has its practical applicability in one way or the other in the field of law. It helps advocates in practice to apply and adopt different legal theories whenever required.

Authority > Case/Law > 13. Sharpens legal knowledge. The investigation of statute helps understudies, assistants, and all rehearsing advocates in building up the right reasoning and sets them up for a fair life ahead. The information on law likewise encourages them to confront each need identified with human issues intensely and bravely. It is considered a secondary or subsidiary subject but has a high value in educational institutions. Jurisprudence is an essential subject for the study of law. The logical analysis by jurists of legal concepts and theories broadens the outlook of advocates and sharpens their sensible technique to look at a case effectively. It helps lawyers overlook their rigidness and formal nature and trains them to work and focus on social realities. Authority > Case/Law > 14. Trains the mind to find alternate routes and channels of thought in case of difficulty. The study of jurisprudence helps students, interns, and all practicing advocates in developing the correct thinking and prepares them for an honest life ahead. The knowledge of law also helps them to face every necessity related to human affairs boldly and courageously. Authority > Case/Law > 15. Interprets the law in multiple meanings. “Ignorance of the law is no excuse” is a saying well known throughout the world. Therefore, it is of prime importance to understand the correct basic principles of law which are contained only in jurisprudence. It is therefore mandatory that all the people in the country, whether they belong to the fraternity of law or not, should have a sound knowledge of the law. Every person must know the law of his land. And this is possible only with the help of jurisprudence! Authority > Case/Law > 16. Teaches normal individuals exposed to jurisprudence to arrive at a more reasonable solution to a legal problem. According to Prof. G.W. Paton, jurisprudence is founded on the attempt, not to find universal principles of law, but to construct a science that will explain the relationship between law, its concepts, and the life of society. Jurisprudence is not primarily interested in cataloging uniformities, or in discovering rules which all nations accept. In all communities which reach a certain stage of development there springs up a piece of social machinery which is called law and the task of jurisprudence is to study the nature of law, the nature of legal institutions, the development of both the law and the legal institutions and their relationship to society. In each society, there is an interaction between the abstract rules, the institutional machinery existing for their application, and

the life of the people. Legal systems seem to have been developed for the settlement of disputes and to secure an ordered existence for the community. They still exist for those purposes but in addition, they are part of the social machinery used to enable planned changes and improvements in the organization of society to take place in an ordered fashion. In order to achieve these ends, each legal system develops a certain method, an apparatus of technical words and concepts, and an institutional system that follows those methods and uses that apparatus. The pressure of the social needs which the law must satisfy will vary from one community to another and jurisprudence studies the methods by which these problems are solved, rather than particular solutions. Authority > Case/Law > 17. Help understand the legal system of a country. Each country has its own idea of jurisprudence shaped by the social and political conditions in which the development of law took place in that particular region. Modern jurisprudence is tied to sociology on one end and philosophy on the other. The ideas of jurisprudence that are popular can be seen applied in legal systems throughout the world. Authority > Case/Law > 18. Help to learn and understand the law as a science. One of the most interesting debates in jurisprudence has been with regard to the difference between jurisprudence and legal theory. It has been argued that while jurisprudence studies the legal concepts which may or may not be theoretical in nature, the legal theory deals with the philosophical aspects of the law. Jurisprudence is concerned with investigating law while legal theory seeks to understand the law in a strictly academic manner. It brings some important principles of law and legal concepts to light and legal theory attempts to study legal concepts in an academic manner to answer questions pertaining to the meaning of the law. Many authors and jurists came in the timeline, and everyone gave different opinions or views regarding the nature of jurisprudence. It is called both art and science. But to call it or prove it to be science is more appropriate. The reason for this is that, in science, we draw conclusions after doing a systematic and logical study by applying new methods and techniques. Similarly, jurisprudence is concerned with the fundamental principles of law, and thus calling it science is a bit more suitable. Authority > Case/Law >...