what is jurisprudence

March 25, 2009 at 5:26 pm (Uncategorized)

Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal philosophers, hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. Natural law is the idea that there are unchangeable laws of nature which govern us, and that our laws and institutions should try to align with this natural law.

• Analytic jurisprudence asks questions distinctive to legal philosophy like, “What is law?” “What are the criteria for legal validity?” or “What is the relationship between law and morality?” and other such questions that legal philosophers may engage.
• Normative jurisprudence asks what law ought to be. It is close to political philosophy, and includes questions of whether one ought to obey the law, on what grounds law-breakers might properly be punished, the proper uses and limits of regulation, how judges ought to decide cases.