Introduction to Jurisprudence

Study Notes

Jurisprudence refers to the understanding and practical application of law, combining "juris" (law) and "prudentia" (skill).
Defined as systematic, formulated knowledge or the science of human law.

Natural Law Theory
- Asserts existence of a higher, objective morality independent of human opinion.
- Moral principles discovered through reason form the foundation of human laws.
Social Contract Theory
- State emerges from an implicit agreement among individuals originally in a state of nature.
- The establishment of governance and laws follows from this contract.
Legal Positivism
- Argues there is no higher law than human-made law.
- Law is determined solely by legislative enactments.
Distributive Justice
- Focuses on fair allocation of society’s resources.
- Addresses equitable distribution of burdens and benefits among individuals.

Analytical School (Imperative School)
- Defines law as a command from a sovereign authority.
- Emphasizes law as it currently exists rather than historical development.
Sociological School
- Considers law as a social construct closely linked to societal needs.
- Advocates for adapting laws to meet contemporary socio-economic challenges.
Historical School
- Believes law evolves in response to changing societal needs and customs.
- Originates from historical conventions, customs, and economic principles.
Natural School
- Bases legal philosophy on ethical values promoting upright living.
- Law's purpose is to maintain social harmony and justify restrictions promoting freedom.
Roscoe Pound’s Social Engineering Theory
- Law aims to fulfill maximum societal wants with minimal friction.
- Balances competing societal interests through law protection.

Customs
- Unwritten rules and traditions significantly influence law formation.
- Essential features for customs to become law include:
  - Antiquity (long practice duration).
  - General knowledge and observance (not secretive).
  - Reasonableness and alignment with existing legislation.
Legislation
- Process of making law, categorized into:
  - Supreme Legislation: laws passed by Parliament.
  - Subordinate Legislation: laws made by bodies under the authority of the supreme body.
Precedent
- Judicial decisions from prior cases (binding on lower courts).
- Elements of judicial hierarchy determine which judgments are authoritative.

Natural Persons
- Refers to individual human beings with legal rights and responsibilities.
Juristic Persons
- Entities such as corporations or organizations recognized by law as having rights and obligations.