Nature And Meaning of Jurisprudence
Jurisprudence Derived from a latin term Jurisprudentia.
Jurisprudence is the Philosophy and theory of law .
- According to the Austin : Jurisprudence is the Philosophy Of positive law.
Nature Of Jurisprudence
- Uncodified law.
- It is not a Procedural law.
- It is also not a Substantive law.
- It is knowledge about Basic Principle of law.
- It is an Eye of law.
- It is a Science.
Rule Of Law
According to the Dicey means the absolute Supremacy or predominance of regular law as opposed to the influence of arbitrary power or wide discretionary power.
Signification of Jurisprudence
- Researchers in Jurisprudence contribute to the development of society by having repercussion in the whole legal political and social school of throught.
- It helps in the logical analysis of the legal concepts and its sharpens the logical technique of the lawyer.
Nature of theories Jurisprudence
According to this Natural of theories. There are Certain laws which are immutable and eternal, These laws are constant body of permanent truths, unaffected by human beliefs and attitude. It is also Known as divine law. ( law of god )
- Natural law is based on an a Priori Peoposition.
a Priori Knowledge that is acquired independently of any particular experience.
a Posteriori knowledge also called empirical knowledge, is derived from experience.
Development of Natural law theories can be divided into 4 time period.
- Anicent Period.
- Medieval Period.
- Renaissance Period.
- Modern Period.
Natural Law of theories of Anicent Period
The Natural law theory is differently at different time depending on the need.
Their are mainly Supreme Source that are god, nature and reasons. Some thinkers believe that this rule have divine origin and some find them as source of nature.
Main Features Of Natural Law
- Endless and unalterable ( not able to change )
- Natural law is not enforceable by external agency
- No formal written code ( also has no penalty for its violation )
Ancient Period
It is written by the Heraclitus
The Concept of Natural law was developed by Greek Philosopher who pointed at the three main characteristic features of law namely destiny, reason and ordere. The Instability and Frequent changes in the state made legal philosophers to think about law.
Socrates : According to the justice may be of two kind namely natural justice and legal Justice. The rule of natural justice are uniformly applicable to all the place but in legal justice it may differ from place to place depending on the statutory law and social condition of the place.
Plato : Plato carried forward the natural law philosophy through his concept of ideal state which is termed as republic. He considered that only intelligent and worthy person should be king. Plato that need for perfect division of labour. Every person Should be mind his own work and not unnecessarily interface with other work.
0 Comments