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Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
Justice, in its broadest sense, is the concept that individuals are to be treated in a manner that is equitable and fair. [1]A society in which justice has been achieved would be one in which individuals receive what they "deserve".
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, [1] with its precise definition a matter of longstanding debate. [2] [3] [4] It has been variously described as a science [5] [6] and as the art of justice.
As a form of jurisprudence, legal realism is defined by its focus on the law as it actually exists in practice, rather than how it exists in books. To this end, it was primarily concerned with the actions of judges and the factors that influenced processes of judicial decision making.
The following matters and things pertain to the Administration of Justice: the organisation of the courts; the prerogative of justice, the prerogative of mercy, and any prerogative power to create new courts; nolle prosequi; the appointment, tenure and immunity of judges; the immunity of other participants in legal proceedings; contempt of ...
Textualism is a formalist theory in which the interpretation of the law is based exclusively on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. [ 2 ] [ 3 ] Although common law may incorporate certain statutes , it is largely based on precedent —judicial rulings made in previous similar cases. [ 4 ]
Judicial power is never exercised for the purpose of giving effect to the will of the judge, always for the purpose of giving effect to the will of the legislature; or, in other words, to the will of the law. [1] Concerns with regard to recidivism and other law and order issues have led to the introduction of mandatory sentencing. E.g.