Jurisprudence is like the deep dive into the world of law—it’s not just about knowing the laws themselves, but understanding the “why” behind them. Imagine it as the philosophy of law, where we explore big questions like, “What are laws, really?” or “How should laws be made?” It’s all about breaking down legal concepts, systems, and practices to get a clearer picture of how they work in society.
Main Terminologies in Jurisprudence:
- Natural Law: This is the idea that some moral principles are part of our human nature. These principles should be the foundation of all laws. Basically, it suggests that laws should reflect universal moral standards that everyone can agree on.
- Legal Positivism: This theory says laws are just rules made by human authorities, and there isn’t necessarily any connection between law and morality. A law is valid if it comes from the right source, like a government, regardless of whether it’s morally right or wrong.
- Legal Realism: This theory argues that the law in practice is shaped by social, economic, and political factors, as well as by the personal beliefs and biases of judges and officials. Legal Realism emphasizes that how laws are applied can vary depending on real-world circumstances, not just on the written statutes or legal principles.
Other Related Terminologies:
Abstract Law: Theoretical principles and concepts that form the foundation of the legal system.
Positive Law: Actual rules and regulations created and enforced by governments or other institutions.
Physical Law: Refers to laws of nature, like gravity, not laws made by humans.
Moral/Ethical Law: Laws based on what a society considers right or wrong.
Divine Law: Law believed to come from a divine or supernatural source, like religious laws.
Concrete Law: Laws applied in real-life situations.