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Understanding Jurisprudence and Law

Jurisprudence law

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0% found this document useful (0 votes)
31 views6 pages

Understanding Jurisprudence and Law

Jurisprudence law

Uploaded by

raymondtimothy0
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Jurisprudence may have been derived from two words, JURIS-

meaning law; and PRUDENS-meaning, skilled or science or


knowledge. From this perspective the study of jurisprudence, is the
scientific investigation of fundamental legal phenomenon. To
achieve this feat, it touches on different subjects and disciplines,
such as history, economics, politics, sociology, psychology and
medicine. Little wonder then, Lord Radcliffe said, (and I agree with
his lordship,) that:
“We cannot learn law by learning just law. if it is to be
anything more than just a technique, it is to be so much
more than itself; a part of history; a part of economics
and sociology, a part of ethics and a philosophy of life”.

By studying the problems of these subjects, jurisprudence


concentrates on the nature, place and role of law within the human
society. From the depths of philosophy it examines the human mind
and human society, and locates the place of law as a necessary
ingredient in human society. In this way it creates the necessary
atmosphere or enabling environment whereby there is the ability of
jurists to inquire into law, examine the historical origin and
applicability of law; grasp with the essence and real knowledge of
the law, delineate law as it is and law as it ought to be. It creates
that innate ability to ask questions about law, proffers answers to
some fundamental issues bordering on the techno-juristic
approaches which law adopts to control society. It brings to bear the
application and relevance of law to other subjects vis-à-vis the
human society. Jurisprudence helps us to discover how a legal
system operates both as a system of rules and as a social
institution. It opens the mind of the lawyer towards a critical rather
than a dogmatic approach to learning. By so doing, it makes the
lawyer to think profitably instead of learning by rot. It was therefore
no surprise when Kahn-Freud pointed out with great force that “any
academic discipline worthy of the name must entail instilling in the
student a capacity for critical thought”.

Obviously without jurisprudence as a subject, the different branches


of the law will not be coordinated. Hence, it is the jurisprudence
approach, for example, to the study of law of contract, that explains
the concept of a unilateral contract and a void contract, which in
their simple terms may be seen to negate the basic bilateral nature
and existence of contracts. Simple examples from other subjects,
include;
 Law of Tort:- The issue of duty of care to an unknown person
or neighbor (the neighbours principle).
 Constitutional Laws: The issue of fundamental human rights
and the general notion of constitutional rights being above all
other legal rights.
 Criminal Law:- The concept of criminal liability and age of
criminal intent. Also the philosophy behind the concept of
“Mens rea” and the presumption of innocence.
 Family Law: The concept of “consensus ad idem” and the
traditional and developing definition of marriage.
 Company Law:- The concept of legal personality.
 Procedural Law:- The concept of jurisdiction of courts and
their compositions, and nullity of judgments drawing therefrom.

In the above examples it is only a scientific and philosophical


exposition of law that can reveal their true meaning and make their
explanations more acceptable as part of the corpus juris of a state.

It is therefore a truism that jurisprudence shares a basic


characteristic with other philosophical inquires: it is self reflective,
because while it inquires into areas of law, it also questions its own
nature and status, as a subject. Therefore, the practice of law and
advocacy, require a huge exploration of the philosophically
interesting features of law to enable the lawyer as a “learned man”
to make and assess arguments.

The nature of jurisprudence makes it imperative for students and


lawyers alike, to hold jurisprudence. Hence, all the arguments we
make concerning or show the main point of the law, or justifying the
existence or need for abrogation of a particular law or the societal
gains in embracing a particular legal system or even declaring
certain judgments as “per incuriam” are clear thoughts on and
proper application of jurisprudence.
These arguments and the perceived justification of our considered
positions bring out its relevance and import the realities of
jurisprudence to bear. Hence, Dwokin opines that:
“A lawyer worries about the concept of fault, not because
he is unaware of hoe the courts have used the term, of
what the rules for determining legal fault are, but because
he used the non-legal; concept of fault to justify or criticize
the law. He believes as a matter of fact or conviction that it
is morally wrong to punish somebody for something that is
not his fault. He knows these facts of legal doctrine very
well, but he is unclear whether the facts clash with the
principles”.

From the foregoing, the study and understanding of jurisprudent


stands as a condition sine qua non for the development of the law
and the lawyer.

In summary, jurisprudence stands out as a veritable course of study


based on some of the underlisted and verifiable reasons.
1. By its dynamic nature, it is an embodiment of movement of
thoughts and ideas.
2. It creates a legalistic inquisitive mind in the scholar.
3. It makes for the understanding of the origin, development and
growth of the law.

4. It touches on all ideas and all branches of the law.


5. It can be characterized as the activity of producing theories
about law.

6. It exposed the need to appreciate rules of law as the


recognized, and legitimate or pressing fields of study.
7. It cuts across moral and political philosophy required to digest
specific legal disciplines.
8. It provides guidance to jurists on the interpretation of law.

9. Jurisprudence analyses the legal authority of other branches of


the law.
10. It is the dormitory or repository for all law subjects and legal
concepts.
11. The Utilitarian calls it the lifemanship of the law.
12. It clears the mind of the student, and prepares him to argue
meaningfully on the purpose of law.
13. It is philosophical and touches on almost all principles and
concepts of law.
14. It is an investigation into law and seeks to lay bare the
essential principles of law and legal systems.
15. It is concerned with the nature of legal rules and the essential
futures of a legal system.
16. It has been described both an intellectual and idealistic
abstraction, as well as behavioural study of man in society.
17. It creates the ability for the students to appreciate the nature
of law, as it gives a broader perspective on law.
18. It makes the student appreciate in practical terms the essence
of law as an important social activity.
19. It is the science of law, philosophy of law, and grammar of law.
20. It deals with the search for the ultimate conception of law.
21. It represents the jurists quest for a systematic vision to
illuminate the dark realities of law.
22. Jurisprudence helps to clear the blurred edges of legal
construction.
23. Jurisprudence is concerned with the true properties of specific
words and terminologies, their usages to achieve clarity,
comprehensibility and applicability.
24. It borders on the adoption, improvement and reformation of the
law.
25. It is concerned with the historical evolution of the law,
sociological development of the law and law in its ideal state.
26. It synthesizes the uses and abuses of law, the short-comings of
a rigid system and issues of legal and logical reasoning.
27. It makes the implicit explicit and the unconscious, self
conscious.
28. It forms the silent prologue to any decision in law.
29. It portrays the knowledge of law as a science or the science of
what ought to be done.
30. It is described as an organized and critically controlled body of
knowledge both of legal institutions and legal precepts.
31. It brings to bear the legal ordering of society.
32. It deals with the exposition of the principles, notions and
distinctions which are common to systems of law.
33. It deals with the philosophy and scientific empiricism, to
explain our legal theory.
34. It touches on issues of legal rights and legal duties.
35. It unravels confusions and contradiction in a legal system and
provides answers to ambiguities.
36. It helps in constructing synthesis of legal concepts.
37. It concentrates on the nature, place and role of law within
human society.
38. From the depths of philosophy, it examines the human mind
and human society and locates the place of law as a necessary
ingredient in human society.
39. It creates the enabling environment for jurists to inquire into
law, and its applicability in peculiar circumstances.
40. Jurisprudence is interested in delineating law as it is and law as
it ought to be.
41. It creates that innate ability to ask questions about law and
things legal.
42. It proffers answers to some fundamental issues bordering on
the techno-juristic approaches which law adopts to control
society.
43. It reconciles the staggering differences between law and other
subjects which impart on the human society.
44. It helps to discover how a legal system operates both as a
system of rules and as a social institution.
45. It opens the mind of the lawyer towards a critical, rather than a
dogmatic approach to learning.
46. It makes the lawyer to think profitably instead of learning by
rot.
47. Jurisprudence is self reflective, because it inquires into other
areas of law and also questions its own nature and status.
48. It enhances the practice of law and advocacy.
49. It delves delicately into the relationship which law shares with
justice and morality.
50. Jurisprudence confronts new circumstances and events that
emerge in human society; and provides legal answers.
51. It creates in the lawyer the unending desire for the acquisition
of knowledge.
52. It enriches the vocabulary level of the lawyer.
53. It creates a better sense of exploration, analysis, speculation
and inquisition into the role of lawyers and jurists.
54. Without the study of jurisprudence, legal education will be
grossly inadequate, and incomplete.
55. Jurisprudence eliminates the penumbral areas of doubt and
ensures that in every legal word, there is a core of settled
meaning devoid of multiple choices.

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