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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.
The Province of Jurisprudence Determined is a book written by John Austin, first published in 1832, in which he sets out his theory of law generally known as the 'command theory'. Austin believed that the science of general jurisprudence consisted in the clarification and arrangement of fundamental legal notions.
Oliver Wendell Holmes defined law as "the prophecies of what the courts will do in fact, and nothing more pretentious." [39] In his Treatise on Law, Thomas Aquinas argues that law is a rational ordering of things, which concern the common good, that is promulgated by whoever is charged with the care of the community. [40]
In jurisprudence and legal philosophy, legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality.
Herbert Broom′s text of 1858 on legal maxims lists the phrase under the heading ″Rules of logic″, stating: Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself. [9] ceteris paribus: with other things the same More commonly rendered in English as "All other things being equal."
A Juris Doctor, Doctor of Jurisprudence, [1] or Doctor of Law [2] (JD) is a graduate-entry professional degree that primarily prepares individuals to practice 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 ]
American Jurisprudence (second edition is cited as Am. Jur. 2d) is an encyclopedia of the United States law, published by West. It was originated by Lawyers Cooperative Publishing , which was subsequently acquired by the Thomson Corporation .