About jurisprudence
Jurisprudence consists of past acts that have modified legal rules. In it, judges must be able to base the decisions taken after a study and a review of the decisions that precede the case. This means that it consists of a revision of the jurisprudence.
What is jurisprudence for?
Jurisprudence is important because it helps us to save and repair all the possible imperfections that the legal system presents through the creation of a series of legal contents for cases that may arise in the future and that have substantial similarities. It functions as a means of interpretation that carries out studies of legal precepts applied to specific cases. It serves to integrate and fill gaps that may have the right when there is no established law dealing with a particular situation.
Characteristics
The main characteristics of the jurisprudence are based on four aspects that are very important. It is explanatory, since its function is to clarify and fix the possible scopes that a law may have when it is not clear. It is supplementary, because it looks for and gives solutions to cases that are not foreseen by law.
It is differential, since it has the capacity to adapt the law to the specific case and to avoid the application of the law in an undifferentiated manner, causing injustices. And, finally, it is innovative, because, although the law may age, the jurisprudence prolongs it, making it more flexible and lasting in its precepts.
Types
- Civil: It is the type of jurisprudence that is in charge of regulating the bonds of private character that the people establish between themselves, and it is composed of rules that articulate both individuals and legal persons.
- Mercantile: Also called commercial law, it is defined as the set of rules that are imposed on merchants so that, they can exercise their profession. It is the law that regulates the exercise of commerce.
- Constitutional: It is the branch of law that is responsible for analyzing and controlling the different laws that govern a state, studies the form of government and how it relates to public powers between citizens and institutions.
- Criminal: It is the set of rules that help resolve conflicts arising from the conduct and behavior of man.
How jurisprudence is formed?
It is drawn up by the various State bodies, i.e., justice tribunals, which form part of the Judicial Branch and are guided by the Supreme Court. It is formed through a series of sentences that are dictated by the courts or the supreme court. It is formed by sentences reiteration dictated on the same case and that have been resolved reaching the same conclusion. At least five cases are needed that have the same subject matter and have been resolved in the same way.
Jurisprudence as a source of law
Some experts consider that it should be considered as a direct source of law. Some argue that it should be assimilated with custom or customary law. There are also those who consider that the implementation of jurisprudence is assimilated to legal doctrine and should retain its character as a source of law.
Jurisprudence by country
- Argentina: The Supreme Court is the highest body of jurisprudence in Argentina. Each state has its supreme court. When there are conflicts, interests are protected by law and a judge is called upon to file a lawsuit when justice needs to be done.
- Paraguay: In this country there are different processes and the Supreme Court of Justice is in charge of providing solutions in the civil area to later establish jurisprudence.
- Mexico: Jurisprudence is given by: resolutions that have the same meaning issued by the Judicial Power of the Federation and the Courts; by means of the contradiction of the theses and by virtue of a mandate given by the Constitution.
- Spain: In this country, it is considered as a source of indirect law, however, it has the capacity to modulate the law and to be able to establish the general principles of law.
