jurisprudence (j
r'ĭspr
d`əns), study of the nature and the origin and development of law law, rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct.
..... Click the link for more information. . It is variously regarded as a branch of ethics or of sociology. Many of the major systematic philosophers (e.g., Aristotle, St. Thomas Aquinas, and Kant) have expounded jurisprudential theories. Before the 19th cent. most jurisprudents adhered to natural law natural law, theory that some laws are basic and fundamental to human nature and are discoverable by human reason without reference to specific legislative enactments or judicial decisions.
..... Click the link for more information. , which maintained that sound legal doctrine was derivable only from a supposed law of nature established by divine ordinance. The natural-law school did not deny that the details of legal regulation depended upon the will of the sovereign. However, the positivist, or analytical, school, which first became important in the late 18th cent., insisted that law was entirely a matter of sovereign decree, distinct from morality and theology. Among important 19th-century trends was the view, represented by Savigny Savigny, Friedrich Karl von , 1779–1861, German jurist and legal historian, a founder of the historical school of jurisprudence. He taught (1810–42) Roman law at the Univ. of Berlin, of which he was the first rector.
..... Click the link for more information. , that a people's legal system expressed the national spirit. In the mid-19th cent. many jurisprudents attempted to avoid what they felt were theoretical preconceptions and to demonstrate a uniform evolution from primitive times to modern industrialized society. Other thinkers were skeptical of evolutionary explanations and sought the basic principles underlying all systems of law in various fields, including economics and psychology. Among the more important legal thinkers in the United States have been Learned Hand Hand, Learned , 1872–1961, American jurist, b. Albany, N.Y. He received his law degree from Harvard in 1896. He was a judge of the U.S. District Court for New York's Southern District (1909–24) and of the federal Second Circuit Court of Appeals
..... Click the link for more information. , Oliver Wendell Holmes Holmes, Oliver Wendell, 1841–1935, American jurist, Associate Justice of the U.S. Supreme Court (1902–32), b. Boston; son of the writer Oliver Wendell Holmes.
..... Click the link for more information. , and Roscoe Pound Pound, Roscoe, 1870–1964, American jurist, b. Lincoln, Nebr. He studied (1889–90) at Harvard law school, but never received a law degree. Pound was a prominent botanist as well as a jurist, and spent his early years in Nebraska practicing and teaching
..... Click the link for more information. .
jurisprudence
r'ĭsprd`əns), study of the nature and the origin and development of law law, rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct...... Click the link for more information. . It is variously regarded as a branch of ethics or of sociology. Many of the major systematic philosophers (e.g., Aristotle, St. Thomas Aquinas, and Kant) have expounded jurisprudential theories. Before the 19th cent. most jurisprudents adhered to natural law natural law, theory that some laws are basic and fundamental to human nature and are discoverable by human reason without reference to specific legislative enactments or judicial decisions.
..... Click the link for more information. , which maintained that sound legal doctrine was derivable only from a supposed law of nature established by divine ordinance. The natural-law school did not deny that the details of legal regulation depended upon the will of the sovereign. However, the positivist, or analytical, school, which first became important in the late 18th cent., insisted that law was entirely a matter of sovereign decree, distinct from morality and theology. Among important 19th-century trends was the view, represented by Savigny Savigny, Friedrich Karl von , 1779–1861, German jurist and legal historian, a founder of the historical school of jurisprudence. He taught (1810–42) Roman law at the Univ. of Berlin, of which he was the first rector.
..... Click the link for more information. , that a people's legal system expressed the national spirit. In the mid-19th cent. many jurisprudents attempted to avoid what they felt were theoretical preconceptions and to demonstrate a uniform evolution from primitive times to modern industrialized society. Other thinkers were skeptical of evolutionary explanations and sought the basic principles underlying all systems of law in various fields, including economics and psychology. Among the more important legal thinkers in the United States have been Learned Hand Hand, Learned , 1872–1961, American jurist, b. Albany, N.Y. He received his law degree from Harvard in 1896. He was a judge of the U.S. District Court for New York's Southern District (1909–24) and of the federal Second Circuit Court of Appeals
..... Click the link for more information. , Oliver Wendell Holmes Holmes, Oliver Wendell, 1841–1935, American jurist, Associate Justice of the U.S. Supreme Court (1902–32), b. Boston; son of the writer Oliver Wendell Holmes.
..... Click the link for more information. , and Roscoe Pound Pound, Roscoe, 1870–1964, American jurist, b. Lincoln, Nebr. He studied (1889–90) at Harvard law school, but never received a law degree. Pound was a prominent botanist as well as a jurist, and spent his early years in Nebraska practicing and teaching
..... Click the link for more information. .
Bibliography
See J. Hall, ed., Readings in Jurisprudence (1938); W. S. Carpenter, Foundations of Modern Jurisprudence (1958); D. Lloyd, Introduction to Jurisprudence (3d ed. 1972).
jurisprudence
Science or philosophy of law. Jurisprudence may be divided into three branches: analytical, sociological, and theoretical. The analytical branch articulates axioms, defines terms, and prescribes the methods that best enable one to view the legal order as an internally consistent, logical system. The sociological branch examines the actual effects of the law within society and the influence of social phenomena on the substantive and procedural aspects of law. The theoretical branch evaluates and criticizes law in terms of the ideals or goals postulated for it.
jurisprudence
1. the science or philosophy of law
2. a system or body of law
3. a branch of law
www.iisj.es
www.iisj.es
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