- What is jurisprudence?
- Characteristics of jurisprudence
- Types of jurisprudence
- Importance of jurisprudence
We explain what jurisprudence is, its origin, types and characteristics. In addition, its importance in the decisions of the judges.
What is jurisprudence?
Jurisprudence is the doctrine established by the judicial bodies of a Condition, through its repeated judicial decisions in the weather. In certain contexts, It is also called jurisprudence to the science what he studies right or to philosophy of law, although this use of the term, at least in Spanish, is considered to be in disuse.
Jurisprudence is the understanding and interpretation of the legal norms based on past judgments issued by official organs of the power of attorney of a nation. In other words, to understand how the current rules of a legal system work, it is necessary to review how they were applied in the past.
Jurisprudence unifies and integrates the legal system, insofar as it has value as a source of positive law. In other words, it is a formal source of continental law, but its practical value may be greater or lesser depending on the case, thus preventing the same legal situation from receiving different interpretations from different courts or by the same at different historical moments.
It is for this reason that jurisprudence is studied in a diachronic perspective, that is, historical, since this gives us a better vision of the way in which laws apply, than simply reviewing the written body of positive law.
In Anglo-Saxon law, its origin dates back to the times of William I of England (c. 1028-1087), nicknamed William "the conqueror." He was the first English king of Norman origin, who distributed judges throughout the country to establish the idea that the Justice it came from the monarch, although at the same time it was considered that it emanated from God. In this way, a way of interpreting the common law could be imposed despite the distance.
Characteristics of jurisprudence
The jurisprudence is characterized by the following:
- It consists of a body of judgments and interpretations from official legal bodies, such as the Supreme Court or the Supreme Court of Justice, for example. The bodies in charge of issuing jurisprudence are contemplated in the legal system of each nation, that is, in its Magna Carta.
- It is formed from all the rulings and decisions of the courts, in such a way that a decision of a judge not only fulfills an immediate but also future role. That is why "establishing jurisprudence" means that a judge sets a precedent for future judicial interpretations.
- It is considered a formal source of law, although it fulfills this role from a rather pragmatic point of view. In Anglo-Saxon law, for example, it is considered a main source, called Common law, and the judges are expected to investigate and know the sentences of the past, rather than stick to the literality of a written rule.
- It behaves in accordance with the provisions of the National Constitution and national legal systems, so that it may vary according to the specific nation and legal tradition.
- Formerly, it was the name used to refer to the Philosophy of Law or Legal Sciences.
Types of jurisprudence
A judge can decide that a law is inapplicable to certain facts.
We can talk about the following types of jurisprudence, differentiated by their status with respect to the law:
- Jurisprudence against legem. When it determines results contrary to the law. This is only possible in certain legal systems, in which jurisprudence is precisely above what is written in the law.
- Deforming jurisprudence. When it is issued to apply a law to a case other than the case for which it was intended, by which it is understood that the law has been "deformed".
- Repeal jurisprudence. When you catalog any legislation or act as unconstitutional and, therefore, invalid. It is not about annulling a written law, but about the inapplicability of its facts.
- Plenary jurisprudence. When it comes from a court or plenary chamber, that is, one that brings together all the judges of the same.
- Restrictive jurisprudence. When you interpret a law in such a way that its application is restricted or limited.
Importance of jurisprudence
Jurisprudence is a key concept of legal practice, since it allows the formation of necessary legal criteria for judges. Thus, they do not act mechanically, following the law to the letter, but can interpret it, consider it in the light of their own history and the history of local law.
It is particularly important when faced with the need to make decisions that do not appear in the written law. At the end of the day, if it were as easy as following a guideline or a written rule, there would be no need for judges to interpret it and decide how it applies to the case they are trying.
For this reason, jurisprudence allows a judge not only to act to deliver justice in a specific and present case, but also to feel important precedents for the legal future of his nation. Therefore, in the decision of a judge, future situations in which said law must be interpreted again are taken into consideration.