Jurisprudence
Jurisprudence
Jurisprudence (pronounced: joo-ris-proo-dens) is a term in the field of law that refers to the theoretical study of law and the principles upon which law is based. The term is derived from the Latin word 'jurisprudentia', which means 'knowledge of the law' or 'skill in law'.
Jurisprudence is often divided into three main categories: Natural Law, Legal Positivism, and Legal Realism. Each of these categories represents a different approach to understanding the nature and function of law.
Natural Law
Natural Law is a theory in jurisprudence that asserts that certain rights or values are inherent in or universally recognizable by virtue of human reason or human nature. Advocates of natural law theories suggest that these laws are universally applicable and timeless.
Legal Positivism
Legal Positivism is a school of thought in jurisprudence that holds that law is a social construct and that it does not necessarily have to be based on natural law or morality. Legal positivists believe that the only legitimate sources of law are those recognized by the sovereign or the state.
Legal Realism
Legal Realism is a perspective in jurisprudence that argues that law is not a set of given rules or principles, but is instead influenced by social interests and public policy. Legal realists believe that judges should interpret and apply the law in light of current social and economic conditions.
Related Terms
- Law: A system of rules created and enforced by social or governmental institutions to regulate behavior.
- Legal Theory: The theoretical study of law, including its origins, nature, structure, concepts, and purpose.
- Legal Philosophy: The study of the nature of law, including questions about its sources, nature, and purpose.
- Legal Ethics: The study of moral choices made within the practice of law, including the responsibilities and duties of legal professionals.
External links
- Medical encyclopedia article on Jurisprudence
- Wikipedia's article - Jurisprudence
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