Law

Jurisprudence

Jurisprudence is the philosophy of law, the science that deals with the principles of positive law and legal relations. This science of law is formal, or analytical, rather than material. It is the science of real or positive law. In the proper sense of the word, the term refers to the science of law, that is, that science whose main function is to determine the principles on which the legal rules are based, in order not only to classify those rules according to form and order, but also to show the relationship that exists between them and also to resolve the way in which new or doubtful cases should be submitted to the appropriate rules.

Jurisprudence

Related topics

Agricultural law, environmental law, natural law, objective law, private law, roman law

What is jurisprudence?

Jurisprudence is the set of judgments handed down by courts. It also refers to the criterion that exists on a specific legal problem that has already been established through a series of previous judgments and by law in general.

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

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

Written by Gabriela Briceño V.
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