jurisprudence

(redirected from jurisprudents)
Also found in: Dictionary, Thesaurus, Medical, Legal.

jurisprudence

(jo͝or'ĭspro͞od`əns), study of the nature and the origin and development of lawlaw,
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 lawnatural 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 SavignySavigny, 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 HandHand, 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 (1924–51).
..... Click the link for more information.
, Oliver Wendell HolmesHolmes, 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 PoundPound, 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 law,
..... 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

legal and sociological theories which seek to situate the body of laws and legal institutions in an overall social context. Thus, jurisprudence to some extent overlaps with the SOCIOLOGY OF LAW.

Historically, it is possible to identify the following subdivisions of jurisprudence:

  1. legal positivism, e.g. Kelsen's conception of law as an objectively statable, hierarchical system of norms, or Hart's view of law as resting on ‘basic norms’. This view of law has been seen as ‘in tune’ with traditional legal professionalism, and viewed by its practitioners as involving theories requiring little input from social science. Jeremy BENTHAM's application of utilitarianism to legal reform can also be seen as a form of legal positivism;
  2. natural law theories (see NATURAL RIGHTS AND NATURAL LAW), theories which were a main target of the legal positivists;
  3. historical and evolutionary theories, e.g. MAINE's theories, and Savigny's account of laws as reflecting the custom or Volkgeist of a nation or people;
  4. conflict theories, theories which emphasize the conflicts of interest underlying the formation and social control functions of legal systems, e.g. Roscoe Pound's ‘pluralism’;
  5. legal realism, US approaches influenced by PRAGMATISM, which emphasized the social basis, and fluid, ‘living character’ of law.

All of the above approaches have exerted an influence on the sociology of law, but a recent resurgence of sociolegal studies has owed much to a new vein of empirical sociological studies of legal systems and he operation of the law.

jurisprudence

1. the science or philosophy of law
2. a system or body of law
3. a branch of law
www.iisj.es
References in periodicals archive ?
After jurisprudents and theologians, there are orators (40).
(170) Sociological jurisprudents, in their political views,
And the troubled relationship between religion and politics since the first days of Islam rendered the establishment of an institution representing true religion a political necessity more than a jurisprudent one.
Here we address this concern directly as part of the office (or responsibility) of the jurisprudent. We consider the work of two jurisprudents whose concern with the responsibility for the conduct of meeting of laws is addressed through a concern with a grammar of lawful actions.
Yemeni jurisprudent, intellectual and parliamentarian 'Abd al-Majid al-Zindani is the sixth figure most prominently represented in the collection.
"Third, the Iraqi Constitution establishes a Federal Supreme Court (FSC); Article 90 states that the FSC will enjoy administrative and financial autonomy and will consist of jurisprudents and experts on Islamic law.
That the early Muslims followed directives from the [Qur.sup.[contains]]an seems unexceptionable, but Dutton's own case studies in the middle section of his book show overwhelmingly that eighth-century Muslim jurisprudents did not elaborate Islamic law by systematic inference from the [Qur.sup.[contains]]an.
Their aim is to provide elements for analyzing the present state of Mexican federalism, including "the federal process." The authors' own comments are placed alongside those of numerous Mexican jurisprudents, creating a lively dialogue but also affording a perspective on continuities in Mexican jurisprudential thinking.
The consumption of hashish or opium was forbidden by most Muslim jurisprudents, since the effect of the drugs was held to be comparable with that one wine.
The first three focused on the roles of later French renaissance jurisprudents, Corasius (1515-1572) and Bodin (1530-1596), as "systematizers" of law.
"Our jurisprudents have decided that these matters of ijtihad, the independent reasoning as opposed to imitation, cannot be dismissed," as Tareefi added.
It's while most Jurisprudents said against this in Islam and they said religion more than morals and pray rules contain all legal and peoples relation facts also the matter of government and political facts and all of rules of Islam are based on people needs and scientists discrimination and approve in any time could be based on religious orders.