Jurisprudence
Jurisprudence – Meaning and Scope
Jurisprudence is the study and theory of law.
Bentham was the first one to analyse what is law. He divided his study into two parts:
1. Examination of Law as it is- Expositorial Approach- Command of Sovereign.
2. Examination of Law as it ought to be- Censorial Approach- Morality of Law.
Two main streams are:
1. Natural Law: or the law of nature. Human laws that come from enternal (never ending) and unchangable. It is a system of law that is determined by nature, and so is universal. Classically, natural law refers to the use of reason to analyze human nature — both social and personal — and deduce binding rules of moral behavior from it. natural law can be invoked to criticize judicial decisions about what the law says but not to criticize the best interpretation of the law itself.
2. Positive law: are human-made laws that oblige or specify an action. It also describes the establishment of specific rights for an individual or group. positive law may be characterized as "law actually and specifically enacted or adopted by proper authority for the government of an organized jural society.
Sources of law by Salmond
1. Formal Sources - A Formal Source is as that from which rule of law derives its force and validity. The formal source of law is the will of the state as manifested in statutes or decisions of the court and the authority of law proceeds from that.
2. Material Sources- Material Sources are those from which is derived the matter though not the validity of law and the matter of law may be drawn from all kind of material sources.
a. Historical Sources- Historical Sources are rules that are subsequently turned into legal principles. Such source are first found in an Unauthoritative form. Usually, such principles are not allowed by the courts as a matter of right. They operate indirectly and in a mediatory manner. Some of the historical sources of law are:
i. Unauthoritative Writings
ii. Legal Sources- Legal Sources are
Jurisprudence is the study and theory of law.
Bentham was the first one to analyse what is law. He divided his study into two parts:
1. Examination of Law as it is- Expositorial Approach- Command of Sovereign.
2. Examination of Law as it ought to be- Censorial Approach- Morality of Law.
Two main streams are:
1. Natural Law: or the law of nature. Human laws that come from enternal (never ending) and unchangable. It is a system of law that is determined by nature, and so is universal. Classically, natural law refers to the use of reason to analyze human nature — both social and personal — and deduce binding rules of moral behavior from it. natural law can be invoked to criticize judicial decisions about what the law says but not to criticize the best interpretation of the law itself.
2. Positive law: are human-made laws that oblige or specify an action. It also describes the establishment of specific rights for an individual or group. positive law may be characterized as "law actually and specifically enacted or adopted by proper authority for the government of an organized jural society.
Sources of law by Salmond
1. Formal Sources - A Formal Source is as that from which rule of law derives its force and validity. The formal source of law is the will of the state as manifested in statutes or decisions of the court and the authority of law proceeds from that.
2. Material Sources- Material Sources are those from which is derived the matter though not the validity of law and the matter of law may be drawn from all kind of material sources.
a. Historical Sources- Historical Sources are rules that are subsequently turned into legal principles. Such source are first found in an Unauthoritative form. Usually, such principles are not allowed by the courts as a matter of right. They operate indirectly and in a mediatory manner. Some of the historical sources of law are:
i. Unauthoritative Writings
ii. Legal Sources- Legal Sources are