Jurisprudence is a subject that significantly differs from other branches of law. In Latin Juris signifies legal and Prudentia signifies knowledge. Thus, in a broader sense Jurisprudence means the basic knowledge of law. Jurisprudence is the study of the nature, function and general ideas of law. In Jurisprudence one studies the fundamental legal principles.
The Latin term Juris which means legal has further given a lot of terms apart from Jurisprudence. Terms such as Jurist, Jurisdiction, Jury, Juristic etc. stem from the single Latin term Juris. Thus, the term juris and the understanding of the term is very important.
Though Latin is not a widely spoken language today but yet a lot of Latin terms are still used when it comes to the legal field. The Latin terms are still useful, relatable and effective even today.
In Latin, Juris means legal and Prudentia means knowledge. The subject of Jurisprudence is not only concerned with what is law but also with why should we have law in the society. The theoretical nature of law is understood through jurisprudence.
There is no exact, concise, perfect or precise definition of the term law. In jurisprudence we study the various perspective from which the term law and the various concepts that are a part of law are looked upon by the eminent jurists. Jurisprudence deals with the abstract and general nature of law. Thus, jurisprudence is a vital aspect of legal study.
Jurisprudence gives one an in-depth understanding of how law is looked upon from different perspectives. It aids in understanding various concepts of law such as right, ownership, possession etc. The subject is the basis for understanding law.
Legal Theory means the theoretical study of the term law. The primary purpose of legal theory is to define the term law and to understand the term law in its most general form. Legal theories are based on various perspectives and opinions. In jurisprudence we study the various legal theories in-order to understand law in a deeper manner.
As the term law is viewed by different people according to their different perspectives likewise these legal theories too differ in the perspectives from which the term law is looked at. E.g., According to the theory of natural law there are certain absolute principles of morality and justice which are the basis of law, and these principles are ascertained by human reasoning and according to this theory man-made laws have to be in accordance with these fundamental principles while almost diametrically opposing this theory of natural law is the theory of imperative law.
According to imperative theory any rule of action is imposed upon men by some authority that enforces obedience to it. This theory believes that it is the essence of law to enforce obedience otherwise it is not law but a mere rule which may or may not be obeyed.
Thus, there are a number of theories developed over a period of time. Through the study of various legal theories, we learn the proper application and role of law in the society. Legal theories provide deeper understanding of legal reasoning, legal systems and legal institutions.
In-order to obey a particular law the source of that law is vital because the source determines the validity of law. Source of law means the origin of a particular law. The source or origin of law plays an important role in validating a particular law. One would not follow any law that is not formally or officially recognized as that would not have any binding effect on that person.
Thus, source of law determines the binding effect of law and plays a major role in being formally and officially recognized. Some of the Sources of law are as follows:
Historical source which includes religious texts, opinions of ancient writers etc. Historical source is a major source of our personal laws pertaining to marriage, divorce, succession etc.
Legislation: legislation means declaration of legal rules by a competent authority that confers upon such rules the force of law. The competent authority is known as legislature and the persons involved in making laws are known as legislators. Laws that have their origin in legislation are known as statues or enacted laws. E.g., The Indian Contract Act, 1872.
Precedent: Precedent means a Courts decision that is considered as authority for deciding subsequent cases involving similar facts or similar legal issues.
Custom: Customs are widely accepted ways of doing something in a continuous manner that have been existing as a practice since a long time. Law based on customs is known as customary law.
Agreements: Agreements between two parties creates mutual obligations and when such agreements are legally enforceable, they are perceived as a source of law.
Professional opinion: Professional opinion means the opinion of eminent jurists and law scholars. Such opinions are referred for seeking clarity on legal query.