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chapter one

The document provides an overview of jurisprudence, defining it as the study and philosophy of law with various schools of thought including Natural Law, Legal Positivism, Historical School, Legal Realism, and Sociological School. Each school presents a different perspective on the nature of law, its origins, and its relationship with morality and society. The text emphasizes the importance of studying jurisprudence for critical thinking and understanding the role of law in society.

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5 views

chapter one

The document provides an overview of jurisprudence, defining it as the study and philosophy of law with various schools of thought including Natural Law, Legal Positivism, Historical School, Legal Realism, and Sociological School. Each school presents a different perspective on the nature of law, its origins, and its relationship with morality and society. The text emphasizes the importance of studying jurisprudence for critical thinking and understanding the role of law in society.

Uploaded by

abmamush3
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© © All Rights Reserved
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Download as PPTX, PDF, TXT or read online on Scribd
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Ethiopian Defence university

college of Resource management


department of law

jurisprudence law PP
Bishoftu, Ethiopia
sept 2024
UNIT ONE
GENERAL CONSIDERATIONS
1.1. What is Jurisprudence
 The word Jurisprudence comes from the Latin term juris prudentia,
which means "the study, knowledge, or science of law."
 Jurisprudence is a scientific or systematic or philosophy of law.
 Jurisprudence has many aspects, with four types being the most
common.
1. jurisprudence which analyze, explain, classify, and criticize entire
bodies of law
2. jurisprudence which compares and contrasts law with other fields of
knowledge
3) jurisprudence which raises fundamental questions about the law
itself. These questions seek to reveal the historical, moral, and cultural
underpinnings of a particular legal concept.
4) jurisprudence which focuses on even more abstract questions,
including, what is law? What is its relation to justice and
morality?......
1.2. Why we study Jurisprudence?

1) jurisprudential discussions(To develop(s) the ability to


analyze and to think critically and creatively about the law.
2) At a professional level, jurisprudence is the way lawyers
and judges reflect on what they do and what their role is
within society.
3) jurisprudence is interesting and enjoyable on its own.
Natural law school
 Natural law is valid irrespective of space and time.
 The validity of human law depends upon its harmony with principles of natural law.
 Natural law is beyond, and superior to the law made by man(positive law)
 the principles of natural law, which are immutable and eternal.
 Natural law is discoverable by human reason without reference to specific legislation
 Impossible to change, modify, enact natural law
 the validity of human laws depends on their harmony with principles of natural law
 Natural law theory does not advocate that law is solely based on the desire of the sovereign but rather
on universal moral principles inherent in nature.
 posits that there is an inherent connection between law and morality.
 It suggests that laws derive their validity from higher moral principles or natural order, and unjust
laws may not be considered true laws.
 emphasizes the intrinsic connection between law and morality,
Legal Positivism:
 emphasis on the conventional nature of law
 also called Analytical School of jurisprudence.
 Focus on positive(manmade) law
 laws are social constructs separate from moral considerations,
 law is sovereign made and that such law must be obeyed, even if it appears unjust.
 The only legitimate sources of law are those written rules, regulations, and principles that have been expressly enacted,
adopted, or recognized by a government body.
 Law should be studied separately from morality and justice.
 All laws should be written and codified to be predictable.
 The validity of a law depends on its content.(source or origin)
 the validity of law is not dependent on its moral content but rather on its source or origin.
 It suggests that laws are rules created by human authority and do not necessarily have to conform to morality.
 Law does not dismiss the importance of morality and justice entirely.
 Positivism acknowledges that there can be a distinction between what the law is and what it ought to be morally or
ethically.
 However, this does not mean that morality and justice are completely irrelevant in legal studies.
 there is no necessary connection between law and morality.
 According to legal positivists, a law can be valid even if it is unjust or immoral.
For analytical school,
 law owes its existence to state
 legislation is the sources of law(advocates for legal reform through legislation)
 law is found not made
 believe that law is a product of human will and societal consensus.
 They emphasize the importance of written laws and legal systems in governing human
behavior and resolving disputes.
Historical School:
 law is an evolutionary process and concentrates on the origin and history of the legal
system.
 believes that law existed before any state.
 Customs and traditions are the primary source of law.
 law is command of the sovereign and it is made as a result of the king's free will.
 historical school discourages creative legal reform.
 provided that, the laws, language, manners and political constitution of a people are
inseparably united and they are the particular faculties and tendencies of an individual
people bound together by their kindred consciousness of inward necessity.
 laws evolve over time based on customary practices within a society.
 Legal Realism :-conceives law as judge made
Legal Realism
• conceives law as judge made
• considers judges as the true law makers.
• emphasizes that judicial decisions are not solely based on legal rules and principles but are
also influenced by social, political, and economic factors.
• argue that judges play a significant role in shaping the law through their interpretations and
applications of statutes and precedents.
• judges have a substantial impact on creating and shaping laws through their decisions.
Cont…
 Sociological School:
 law is the result of Sociological interaction.
law should not be viewed in isolation but rather as a
product of social forces and conditions.

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