Jerome West

Jurisprudence

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Introduction

The term jurisprudence has been used in very different senses Originally it meant the science of Right . Afterwards it was used to mean knowledge of the principles of law , or skill in its practice . In the institutes of Justinian Jurisprudence is define d to be the knowledge of what is just and unjust . Upon the revival of learning in Europe in the sixteenth century , jurisprudence was used to signify the knowledge of the Roman law . The term has also been used in a sense

borrowed from the French to imply a collection of the principles belonging to particular branches of law - thus , Equity Jurisprudence , Maritime Jurisprudence The term has also been used to signify the whole body of the law of a State - thus , the Jurisprudence of England

The classification of laws has never yet been adopted upon the grand scale demanded by Jurisprudence . If a system of the Law were correctly framed , and if codes of laws were drafted of one true principle by all civilized nations , the language of each race would serve as a glossary by which all systems of positive law might be explained whilst the matter in each code would afford a test and standard by which all might be tried . By law is here understood positive law - that is , the law existing by position , or , the law of human enactment . Jurisprudence is the science of positive laws , and , as such is the theory of those duties which are capable...