Law: Art, Science or Wisdom?
Whether law is an art, a science or wisdom
Understanding
Science is certain and verifiable knowledge by its causes
Art is the application of general rules into practise
Wisdom is the quality of having experience, knowledge, and making good judgment subsequently.
Analyzing
How then is science applied in law? Take for example judicial precedents; they involve a study of rulings made in issues debated on in past cases for the purpose of discovering previously unknown rules. This rules then become common law principles. Therefore the study of law is as scientific as any other formal research based on the Baconian method.
How then is law wisdom of the ages? Let’s look at it from this angle; statutes are passed every day to cater for certain things within a society. Now the main purpose of the courts is to interpret these statutes and apply them. Furthermore the judges are not always fortunate to hear a case that has already been decided. What happens when they are faced with a new set of facts that are not catered for?
Before statutes were formulated in England the law of the judges that was established through their wisdom was passed as law. In these modern times the same thing happens where there is a vacuum in the law as what is to be done for a particular set of facts that the law has either not prescribed or has done so vaguely. Therefore they use their experience and knowledge to determine and set new principles.
What of law as an art? This I believe is the most direct in that an advocate would go to law school and be admitted into the bar. After this he/she should have general principles on their fingertips through which they will practise in court. This practise is what we refer to as an art.
How will this influence my life? (Proposal) I think to be the best advocate or judge you need to be logical and empirical on why a case is and is not successful and what each constitutes. I also appreciate the fact that experience and knowledge play a
Understanding
Science is certain and verifiable knowledge by its causes
Art is the application of general rules into practise
Wisdom is the quality of having experience, knowledge, and making good judgment subsequently.
Analyzing
How then is science applied in law? Take for example judicial precedents; they involve a study of rulings made in issues debated on in past cases for the purpose of discovering previously unknown rules. This rules then become common law principles. Therefore the study of law is as scientific as any other formal research based on the Baconian method.
How then is law wisdom of the ages? Let’s look at it from this angle; statutes are passed every day to cater for certain things within a society. Now the main purpose of the courts is to interpret these statutes and apply them. Furthermore the judges are not always fortunate to hear a case that has already been decided. What happens when they are faced with a new set of facts that are not catered for?
Before statutes were formulated in England the law of the judges that was established through their wisdom was passed as law. In these modern times the same thing happens where there is a vacuum in the law as what is to be done for a particular set of facts that the law has either not prescribed or has done so vaguely. Therefore they use their experience and knowledge to determine and set new principles.
What of law as an art? This I believe is the most direct in that an advocate would go to law school and be admitted into the bar. After this he/she should have general principles on their fingertips through which they will practise in court. This practise is what we refer to as an art.
How will this influence my life? (Proposal) I think to be the best advocate or judge you need to be logical and empirical on why a case is and is not successful and what each constitutes. I also appreciate the fact that experience and knowledge play a