Jurisprudence – Law Optional Notes – For W.B.C.S. Examination.
আইনশাস্ত্র – আইন নোট – WBCS পরীক্ষা।
The word jurisprudence is derived from a latin word jurisprudentia which in its widest sense, means knowledge of law. The latin word juris means law and prudentia means skill or knowledge. Thus jurisprudence signifies knowledge of law and its application.Continue Reading Jurisprudence – Law Optional Notes – For W.B.C.S. Examination.
Jurisprudence also has some practical value. Nowadays progress in science and mathematics has been largely due to increasing generalisation which has unified branches of study previously distinct unified branches of study previously distinct, simplified the task of both scientist and mathematician and provide them to solve by one technique a whole variety of different problems. Generality can also be understood as improvement in law. One of the tasks of jurisprudence is to construct and elucidate concepts serving to render the complexities of law manageable and more rational. In this way, theory can be useful to improve practice.
Jurisprudence has an educational value. The logical analysis of legal concepts that sharpens the logical technique of a lawyer. Jurisprudence can be helpful to the people to find answers to new legal problems must be found by a consideration of the present social needs and not in the wisdom of the past.
Jurisprudence is the grammar of law. It throws light on the basic ideas and the fundamental principles of law. By studying jurisprudence a lawyer can find out the actual rules of law.
Jurisprudence provides a guidelines to the judges and the lawyers in ascertaining the true meaning of the laws passed by the legislatures by providing the rules of interpretation.
The study of jurisprudence also helps in rationalising the thinking of the students.
The concept of law and justice has its beginning in the era of ancient Rome and ancient India. And since these prehistoric times to today in the 21st century, it has evolved and grown through many stages.
Some of the first mentions of the concept of jurisprudence are found in ancient Indian texts known as the Dharmashastra texts. In these times there was a great belief in the concept of dharmas and morals.
Then in ancient Rome, the concepts developed further. They had forms of traditional law as we see today. Along with this, citizens also abided by a body of oral laws and customs and regulations.
The Roman empire leads to the rise of various schools of law. The practice of law became more advanced and academic.
Importance of the Study of Jurisprudence
The study of jurisprudence is not only limited to the development and evolution of law. The academics who study jurisprudence also make great contributions to the fields of other social sciences like the political and social fields. This leads to the overall development of society.
The study of jurisprudence also helps uncomplicate some of the concepts and complexities of the legal world. It makes them more manageable and rational and thus easier to understand. This can also lead to a more effective practice of law.
We often call jurisprudence the grammar of the law. It will help a lawyer the basic ideas and reasoning behind the written law. It helps them better understand the fundamentals of the law and help them figure out the actual rule of the law.
The lawyer and judges can use jurisprudence as a guide to correctly interpret certain laws that require interpretation. The study of jurisprudence does not serve only academic purposes. It will help lawyers and other practitioners in the practical world as well.
It sharpens their legal knowledge. Also, it trains the mind to find alternate routes and channels of thought in case of difficulty. The law can mean more than one thing, and this exploration is a direct effect of the study of jurisprudence.
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