Jurisprudence

The science of the law; the practical science of giving a wise interpretation to the laws, and making a just application of them to all cases as they arise. By science, in the first definition, ia understood that connection of truths which is founded on principles either evident in themselves, or capable of demonstration, — a collection of truths of the same kind, arranged in methodical order.

In the latter sense, it is the habit of judging the same questions in the same manner, and by this course of judgments forming precedents. 1 Ayliffe, Pand. 3; Toullier, Dr. Civ. tit. prel. § 1, note 1, 12, 99; Merlin, Repert.; 19 Am. Jur. 3. JURISPRUDENTIA (Lat. from jus, law [juris, of law] and prudentia, wisdom, knowledge).

In the civil and common law. Jurisprudence, or legal science. JURISPRUDENTIA EST DIVINARUM atque humanarum rerum notltia; JustI atq(ie Injusti sclentia. Jurisprudence is the knowledge of things divine and human; the science of the just and the unjust. Dig. 1. 1. 10. 2; Inst. 1. 1. 1; Bracton, 3; 8 Johns. (N. Y.) 290, 295. JURISPRUDENTIA LEGIS COMMUNIS Angliae est sclentia eocialls et copiosa. The jurisprudence of the common law of England is a science sociable and copious. 7 Coke, 28a.

The science of the law. The practical science of giving a wise interpretation to the laws and making a Just application of them to all cases as tliey arise. By science, in the first definition, Is understood that connection of truths which is founded on principles either evident in themselves or capable of demonstration, — a collection of truths of the same kind, arranged in methodical order.

In the latter sense, it is the habit of judging the same questions in the same manner, and by this course of judgments forming precedents. 1 Ayliffe, Pand. 3. See Bentham, Austin. Amos, Markby, Heron, Phillimore, Lorimer, Salmond, Taylor, Liudley, on Juri.sprudence. Sir F. Pollock divides jurisprudence into: 1, Positive (which is practical, historical, comparative or analytical); 2. Final jurisprudence; and 3. International jurisprudence. General jurisprudence is hardly more than the collective result of comparative and analytical jurisprudence. Comparative jurisprudence deals with the groundwork and typical conceptions which are common to all legal systems, or to all that have made any considerable way towards completeness; and analytical jurisprudence with speculations as to such ideas as Duty, Intent, Ownership, Possession, etc. By Fimil Jurisprudence he designates the consideration of laws as they ought to be — ground which belongs perhaps more to the statesman than the lawyer. It assumes the shape of a Theory of Legislation, with special branches treating of the formal structure of laws, codification, legal procedure, etc. The general principles of legislation and government, which are put forward as claiming assent from all men in so far as they are rational and social beings, are said to be of natural obligation. The sura of them is called the law of nature, droit nalurcl, Naiunccht. The law which would in itself be best for a given nation in given circumstances is sometimes called by a certain school of writers, positive law. The sort of doctrine which embodies it may be called Ethical Jurisprudence (Oxford Lectures, The Methods.of Jurisprudence). As to a distinction between jurisprudence and law, see Holland Jurisprudence 5-12; Taylor, Jurisprudence 28.

The philosophy of law or the science which treats of the principles of positive law and legal relations. "The term is wrongly applied to actuni systems of law, or to current views of law, or to suggestions for its amendment, but is the name of a science. This science is a formal, or analytical, rather than a material, one. It is the science of acfual or positive law. It is wrongly divided into 'general' and 'particular,' or into 'philosophical' and 'historical.' It may therefore be defined as the formal science of positive law." Holl. Jur. 12. In the proper sense of the word, "jurisprudence" is the science of law, namely, that science which has for its function to ascertain the principles on which legal rules are based, so as not only to classify those rules in their proper order, and show the relation in which they stand to one another, but also to settle the manner in which new or doubtful cases should be brought under the appropriate rules. Jurisprudence is more a formal than a material science. It has no direct concern with questions of moral or political policy, for they fall under the province of ethics and legislation; but, when a new or doubtful case arises to which two different rules seem, when taken literally, to be equally applicable, it may be, and often is, the function of jurisprudence to consider the ultimate effect which would be produced if each rule were applied to an indefinite number of similar cases, and to choose that rule,which, when so applied, will produce the greatest advantage to the community. Sweet.

— Comparative jurisprudence. The study of the principles of legal science by the comparison of various systems of law.

— Equity jurisprudence. That portion of remedial justice which is exclusively administered by courts of equity as distinguished from courts of common law. Jackson v. Nimmo, 3 Lea (Tenn.) 609. More generally speaking, the science which treats of the rules, principles, and maxims which govern the decisions of a court of equity, the cases and controversies which are considered proper subjects for its cognizance, and the nature and form of the remedies which it grants.

— Medical jurisprudence. The science which applies the principles and practice of the different branches of medicine to the elucidation of doubtful questions in a court of justice. Otherwise calied "forensic medicine," (q. v.) A sort of mixed science, which may be considered as common ground to the practitioners both of law and physic. 1 Steph. Comm. 8.

The science of law; knowledge of law.

The philosophy of law, or the science which treats of the principles of positive law and legal relations. “The term is wrougly applied to actual systems of law, or to current views of law, or to suggestions for its amendment, butis the name of a science. This science is a formal, or analytical, rather than a material, one. [t is the scicuce of actual or positive law. Itis wrongly divided into ‘general’ and ‘ particular,’ or into ‘philosophical’ and ‘historical.’ It may therefore be defined as the formal science of positive law.” Holl. Jur. 12. In the proper sense of the word, “jurisprudence” is the science of law, namely, that science which has for its function to ascertain the principles on which legal rules are based, so as not only to classify those rules in their proper order, and show the relation in which they stand to one another, but also to settle the munuer in which new or doubtful cases should be brought under the appropriate rules. Jurisprudence is more a formal than a material science. It has no direct concern with questions of moral or political policy, for they fall under the province of ethics and legislation; but, when a new or doubtful case arises to which two different rules seem, when taken literally, to be equally applicable, it may be, and often is, the function of jurisprudence to consider the ultimate effect which would be produced if each rule were applied to an indefinite number of similar cases, and to choose thut ruie which, when so applied, will produce the greatest advantage to the community. Sweet.

is the science of the law. By science here is understood that connection of truths founded on principles either evident of themselves, or capable: of demonstration; a collection of truths of the same kind, arranged in methodical order. In a more confined sense jurisprudence is the practical science of giving a wise interpretation to the laws, and to make a just application of them to all cases as they arise. In this sense it is the habit of judging the same question in the same manner, and by this course of judgments forming precedents. 1 Ayl. Pand. 3; Toull. Dr. Civ. Fr. tit. prel. s. 1, n. 1, 42, 99; Merl. science of the law. The term is usually applied to students and practitioners of law.