Expository jurisprudence is a type of legal theory that focuses on explaining and interpreting the law as it is written, rather than seeking to change or reform it. It is often contrasted with critical jurisprudence, which seeks to challenge and critique the law from a social or political perspective.
Expository jurisprudence is concerned with understanding the meaning and intent of legal rules and principles, as well as how they should be applied in specific cases. This involves examining the language and context of the law, as well as its historical and cultural background. Expository jurists may also consider the broader legal system and how different laws and principles interact with one another.
One important aspect of expository jurisprudence is the concept of stare decisis, or the principle of precedent. This principle holds that judges should follow the decisions of higher courts when deciding similar cases, in order to maintain consistency and predictability in the legal system. Expository jurists may look to past court decisions and legal scholarship to understand how a particular rule or principle has been applied in the past, and how it may be applied in the future.
Expository jurisprudence is often associated with formalist or textualist approaches to legal interpretation, which prioritize the text of the law itself over external considerations such as the intentions of lawmakers or the consequences of a particular decision. Formalist approaches to legal interpretation may be seen as more objective and neutral, as they aim to apply the law as it is written rather than being influenced by personal or political biases.
While expository jurisprudence has its roots in traditional legal scholarship, it has also been applied in more modern contexts, such as in the interpretation of statutory and constitutional law. In these contexts, expository jurists may be called upon to explain and interpret the law in a way that is consistent with its original meaning and purpose.
Overall, expository jurisprudence plays a vital role in the legal system by providing a clear and consistent understanding of the law and how it should be applied. It helps to ensure that the law is applied fairly and consistently, and serves as a foundation for legal decision-making and the rule of law.
Jurisprudence: Nature and Concept of Law
Bentham entend donc créer des outils qui rendront possible une approche globale du droit, encourageant la comparaison et les échanges entre tous les pays. With the changes in the social, political, and economic outlook and with the changes in the conditions of individual and national life much may come under the province of this science of law, namely, jurisprudence. The manner in which they are expressed. The judgment of the king was considered to be the judgment of God or some divine body. In order to perform its functions properly and efficiently, the legislature has therefore thought it proper and appropriate to delegate its power of lawmaking through the workable paradigm of delegated legislation to the administrative agencies and the bureaucracy, in the form of rules, regulations, byelaws, notifications and the like. One of the tasks of this subject is to construct and elucidate concepts serving to render the complexities of law more manageable and more rational.
It is also referred to as a systematic and scientific study of law. In a generic sense, Salmond defines jurisprudence as the science of civil law. He further opined that both these kinds of rules contain minimum elements of natural law, i. It is still in making. Third, with respect to time. The third school is the Anthropological School which can be regarded as the product of historical school, most of the representations of this schools have been provided by Sir Henry Maine.
The Role of Universal Jurisprudence in Bentham’s Legal Cosmopolitanism
This, then, will be the business of the third and fourth sections: what concerns the import of the word criminal, as applied to law, will be discussed separately in the fifth. In the first place, in point of extent, what is delivered concerning the laws in question, may have reference either to the laws of such or such a nation or nations in particular, or to the laws of all nations whatsoever: in the first case, the book may be said to relate to local; in the other, to universal, jurisprudence. Notions of an objective moral order, external to human legal systems, underlie natural law. . Jurisprudence is the theoretical and analytical study of law. Now law, or the law, taken indefinitely, is an abstract and collective term; which, when it means any thing, can mean neither more nor less than the sum total of a number of individual laws taken together. Is it that there are two sorts of laws, the one penal the other civil, so that the laws in a penal code are all penal laws, while the laws in a civil code are all civil laws? But this may equally be the case with a private order given in a family.
The former consists of text-books upon the laws of any one country, while live latter consists of law works on universal jurisprudence, i. The subject of these questions, it is to be observed, is the logical, the ideal, the intellectual whole, not the physical one: the law, and not the statute. Thus it is, that one and the same law, one and the same command, will have its matter divided, not only between two great codes, or main branches of the whole body of the laws, the civil and the penal; but amongst three such branches, the civil, the penal, and the constitutional. An inquiry, directed to the latter sort of object, could neither admit of difficulty nor afford instruction. . Therefore it is the sovereign who will be the sole judge to determine the welfare of its people, through the laws and parameters which the sovereign feels as genuine.
Thus, amongst other things, the catalogue of collative and ablative events, with respect to titles above spoken of see No. The case of Speluncean Explorers: — This fictitious case was given by Lon. Society is like an organism and if it is driven by scientific principles it will advance. Holland Jurisprudence is the formal science of positive law. Legal theory, may therefore, be defined as the exposition of the abstract principles of the science of law, or a systematic study and analysis of law in all its bearings. JURISPRUDENCE Lesson 1 Introductory remarks and housekeeping rules were shared in class on Saturday. Howard Mann and Dr.
In the modern age, jurisprudence has been treated as a science of social control of human conduct. Ulpian termed jurisprudence as observation of things human and divine, the knowledge of the just and unjust. To answer these questions in any manner that shall be tolerably satisfactory, it will be necessary to ascertain what a law is; meaning one entire but single law: and what are the parts into which a law, as such, is capable of being distinguished: or, in other words, to ascertain what the properties are that are to be found in every object which can with propriety receive the appellation of a law. The penal code then would consist principally of punitive laws, involving the imperative matter of the whole number of civil laws: along with which would probably also be found various masses of expository matter, appertaining, not to the civil, but to the punitory laws. It dealt with the morality of law. .
Fourthly, in point of expression, the laws in question may subsist either in the form of statute, or in that of customary law. Among the barbarous nations that grew up out of the ruins of the Roman empire, law, emerging from under the mountain of expository rubbish, reassumed for a while the language of command: and then she had simplicity at least, if nothing else, to recommend her. Therefore the most critical aspect of social stability is the division of labor. According to him to say that jurisprudence is concerned with only forms, is to derogate it from the rank of science to that of a craft. Even after this exposition, supposing it a correct one, can the law be regarded as completely expressed? The distinction seems not to be concerned with the nature of the jurisprudential principles being used, but with the kind of legal objects being dealt with. That was made possible by the tools of universal expository jurisprudence, based on the definition of fundamental legal concepts, but also employing the natural arrangement and logic of the will to order laws, display their logical unity, and give their substance a clear and rational description.
Jurisprudence: Meaning, Definition, Nature and Scope
The foundations of law are accessible through human reason and it is from these laws of nature that human created laws gain whatever force they have. Answers to these questions come from four primary schools of thought in general jurisprudence: Natural law Natural law is the idea that there are rational objective limits to the power of legislative rulers. The mass of legislative matter published in French as well as German, under the auspices of Frederic II. When a person studies jurisprudence, he can ask questions about a particular law and the reason behind its formulation, and how different it is from a custom or a moral principle. Jurisprudence can also be referred to as a legal philosophy. He who has been invested with that office in such a manner, and in respect of whom no event has happened, of the number of those to which the effect is given, of reducing him to the condition of one divested of that office. To know what is meant by jurisprudence, we must know, for example, what is meant by a book of jurisprudence.
Baer, 1999 The primary error has been that feminist jurisprudence has tended to misunderstand the tradition it criticizes. From this very slight and imperfect sketch may be collected, not an answer to the questions in the text, but an intimation, and that but an imperfect one, of the course to be taken for giving such an answer; and, at any rate, some idea of the difficulty, as well as of the necessity, of the task. We are concerned rather with reflecting on the nature of legal rules, on the underlying meaning of legal concepts and on the essential features of legal system. It is not derived from any legislative act or state assembly. The great use of both these branches of science, is to furnish examples for the art of legislation. It deals with the future of the legal system. Jurisprudence is the philosophy of law, but it does not refer to creating new rules and regulations.
