|
The word jurisprudence is derived from a latin maxim as referred 'jurisprudentia' but owes its origin to Rome. It is a combination of two latin words 'juris' which means 'law' and 'prudence' which means 'knowledge' or 'skill'. Therefore jurisprudence is the study, knowledge, skill and theory of law. Jurisprudence includes principles behind law that make the law. Scholars of jurisprudence, also known as jurists or legal theorists (including legal philosophers and social theorists of law), hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. Modern jurisprudence began in the 18th century and was focused on the first principles of the natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems in two rough groups:〔Shiner, "Philosophy of Law", ''Cambridge Dictionary of Philosophy''〕 # Problems internal to law and legal systems as such. # Problems of law as a particular social institution as it relates to the larger political and social situation in which it exists. Answers to these questions come from four primary schools of thought in general jurisprudence:〔 * Natural law is the idea that there are rational objective limits to the power of legislative rulers. The foundations of law are accessible through reason and it is from these laws of nature that human-created laws gain whatever force they have.〔 * Legal positivism, by contrast to natural law, holds that there is no necessary connection between law and morality and that the force of law comes from some basic social facts. Legal positivists differ on what those facts are.〔Soper, "Legal Positivism", ''Cambridge Dictionary of Philosophy''〕 * Legal realism is a third theory of jurisprudence which argues that the real world practice of law is what determines what law is; the law has the force that it does because of what legislators, barristers and judges do with it. Similar approaches have been developed in many different ways in sociology of law. * Critical legal studies are a younger theory of jurisprudence that has developed since the 1970s. It is primarily a negative thesis that holds that the law is largely contradictory, and can be best analyzed as an expression of the policy goals of the dominant social group.〔Moore, "Critical Legal Studies", ''Cambridge Dictionary of Philosophy''〕 Also of note is the work of the contemporary philosopher of law Ronald Dworkin who has advocated a constructivist theory of jurisprudence that can be characterized as a middle path between natural law theories and positivist theories of general jurisprudence.〔Brooks, "Review of Dworkin and His Critics with Replies by Dworkin", ''Modern Law Review'', vol. 69 no. 6〕 A further relatively new field is known as therapeutic jurisprudence, concerned with the impact of legal processes on wellbeing and mental health. The English word is based on the Latin maxim ''jurisprudentia'': ''juris'' is the genitive form of ''jus'' meaning "law", and ''prudentia'' means "prudence" (also: discretion, foresight, forethought, circumspection; refers to the exercise of good judgment, common sense, and even caution, especially in the conduct of practical matters). The word is first attested in English in 1628,〔Oxford English Dictionary, 2nd edition 1989〕 at a time when the word ''prudence'' had the now obsolete meaning of "knowledge of or skill in a matter". The word may have come via the French ''jurisprudence'', which is attested earlier. == History of jurisprudence == Ancient Indian jurisprudence is available in various Dharmaśāstra texts starting from the Dharmasutra of Bhodhayana. Jurisprudence already had this meaning in Ancient Rome even if at its origins the discipline was a (''periti'') in the ''jus'' of ''mos maiorum'' (traditional law), a body of oral laws and customs verbally transmitted "by father to son". Praetors established a workable body of laws by judging whether or not singular cases were capable of being prosecuted either by the edicta, the annual pronunciation of prosecutable offense, or in extraordinary situations, additions made to the edicta. A iudex then would judge a remedy according to the facts of the case. Their sentences were supposed to be simple interpretations of the traditional customs, but effectively it was an activity that, apart from formally reconsidering for each case what precisely was traditionally in the legal habits, soon turned also to a more equitable interpretation, coherently adapting the law to the newer social instances. The law was then implemented with new evolutive ''Institutiones'' (legal concepts), while remaining in the traditional scheme. Praetors were replaced in 3rd century BC by a laical body of ''prudentes''. Admission to this body was conditional upon proof of competence or experience. Under the Roman Empire, schools of law were created, and the activity constantly became more academic. In the age from the early Roman Empire to the 3rd century, a relevant literature was produced by some notable groups including the Proculians and Sabinians. The scientific depth of the studies was unprecedented in ancient times. After the 3rd century, ''Juris prudentia'' became a more bureaucratic activity, with few notable authors. It was during the Eastern Roman Empire (5th century) that legal studies were once again undertaken in depth, and it is from this cultural movement that Justinian's Corpus Juris Civilis was born. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Jurisprudence」の詳細全文を読む スポンサード リンク
|