Jurisprudence As Legal Theory And Philosophy Of Law

To understand the science of law must not be separated from an understanding of the law itself, etymologically law has a diverse understanding. Rescoe Pound expressed it with the word “legal science”, it is very wrong if interpreted etymologically since in English legal is the roots of word lex (Latin), interpreted as law. In English law have two different senses, firstly is a set of prescriptions about what should be done in achieving justice and secondly, the rules of conduct aimed at creating a community order. Still according to Rescoe Pound, said that Jurisprudence in the broadest meaning is the “science” of law. That is the meaning of the original and etymological nature, and is about the best use.

The first sense in Latin was called as ius, droit in French, and recht in Dutch and German. While the second meaning in Latin is called lex, loi in French, wet in Dutch, and gesetz in German. The word law in English was derived from the word song, namely the rules made ??by the kings of Anglo-Saxon which has been codified. The song turned out to be in lex line and not ius. If this was followed, the term legal science will be meaningful as knowledge about the rule of law. This will cause a mismatch of meaning contained within the science itself.

In order to avoid that sort of thing, in English the science of law was appropriately referred to Jurisprudence. While the word Jurisprudence was derived from two Latin words, namely iusris which means the law and prudentia which means wisdom or knowledge. Thus, Jurisprudence means the knowledge of the law or interpreted also as science of law, legal theory and philosophy of law.

Jurisprudence is a discipline that is sui generis. So these studies are not included in the field of study which is empirical and evaluative. Jurisprudence is not merely the study of law, but more than that is the study of something about the law in a broadly sense. Hopefully, this article can help you understanding more about jurisprudence, its relationship with legal theory and philosophy of law.

 

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