What is the meaning of Jurisprudence? Concept, Definition of Jurisprudence

Definition of jurisprudence

On this website you will find one or more meanings in your language for the word or expression: jurisprudence. As well as definitions of Wikipedia pages and other Web pages related to the word jurisprudence and, of course, synonym of jurisprudence with appropriate images related to the use of this expression.

1. Concept of jurisprudence

Jurisprudence is a word of Latin origin, coming from "iuris" (right) and "prudentia" (knowledge or wisdom). The Roman jurist Ulpian defined the jurisprudence as the knowledge of things both divine and human, as well as the science of the just and the unjust. In this sense jurisprudence meant what today we call doctrine or the knowledge of the science of law. Who exercised this role of connoisseur of law received the denomination of Jurisconsult, who was able to do that to know deeply the things divine and human, to discern right from wrong.
Currently refers to jurisprudence to failures that are reiterated on a specific subject, and which become the right power supply be invoked by the parties to defend their rights, and taken into account by the judge to give their verdicts.
The judges at the sentencing interpret legal norms to conform to a specific case. When a similar case is then presented, the parties can in his writings refer to those judgments, for the new judge take into account and decide the case in the previous sense; and the same judge, even without request of a party, can take into account those bugs to base its own decision. The value given to the jurisprudence as a source of law varies depending on the country. In Argentina a single sentence if it is relevant, can feel jurisprudence, but in other countries, as in Mexico, the consistent failures must be at least five.
Case law in the legal systems (Common Law) writing that applies in countries like United States, Canada, United and Ireland, among others, is not primary source of law.

2 Meaning of jurisprudence

The word jurisprudence comes from the latin prudentĭa iuris, and is defined as the rulings handed down by the judges and courts as a whole. When it comes to sentences, the jurisprudence indicates using a certain criterion that has been used in previous cases and rulings. It is, without a doubt, a key concept in the study of law.
There is case-law, requires that the courts have already given solution to at least two identical cases on any topic that is controversial or recurrent.
The importance of the law lies in the fact that if the courts were devoted to enforce the law in the strictest sense, probably the judiciary would not have greater importance to the same content of laws. However, the law alone is not prepared to address and prevent all possible conflicts arising as a result of something as natural as human relationships, it is necessary the existence of mechanisms such as the one offered by the jurisprudence, which in reality is nothing more than a set of sources placed at the disposal of the judge that might have better means to reach a judgment.
Worldwide, there are different systems jurisprudence, used in various countries either by custom or by practicality. For example, the American system adds greater authority to decisions when these are issued several times. On the other hand, in the European system of jurisprudence, the judge, in his role as right applicator, can apply the law senses completely opposed to those set out originally to solve specific problems, although this does not gives any power to create rules. This latter system is popular in Germanic countries.
In common law, case law plays a key role, since a judge can give you base their decisions through a detailed analysis and background of previous cases, so that the defendant may be found guilty unless their main rights are violated.

3. Definition of jurisprudence

Its name comes from the latin iuris prudentĭ, which means "knowledge of law". It is the science of law or legal doctrine governing each country and is used by the Supreme Court in its way of interpreting and applying the law.
In it the constant and uniform criterion of law enforcement rises to legal rule, either interpreting or replacing the same gaps, based on the practices of same or similar cases. Put another way, the jurisprudence is the science of law, its interpretation in case of doubt and its application.
Some branches of jurisprudence include the law of nature, normative jurisprudence and analytical jurisprudence. The first is a legal philosophy that believes that there are certain innate laws that are common to all human societies, are displayed or not in legal matters. The normative jurisprudence related to the objective of legal systems, and what kind of laws is suitable; and Analytics is the study of law in neutral terms, in an impartial manner, as opposed to natural law, evaluating the legal systems and laws within the framework of the theory of natural law.
In some countries, the law is seen and used in different ways; in Italy is designated as the science of law in a general sense, their faculties are called Giurisprudenza Facoltà. While in Spain, is considered as constant and uniform application of standards by a court.