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What is jurisprudence?

What is jurisprudence? A law is a regulation applied with the purpose of generating equality in the regulation, not only of sanctions and/or trials, but also of different legal scenarios. For this, it is necessary to have an institution that manages to outline all these regulations, which is known as jurisprudence.

A jurisprudence is the set of judicial resolutions and/or sentences that are applied by the competent bodies of a country in order to resolve all the scenarios present in a certain context under the same guidelines.

Jurisprudence acquires importance thanks to the fact that, through it, it is possible to have uniform mechanisms for the application of judgments and judicial resolutions, thanks to the fact that it is in charge of providing the understanding of the legal norms present in a certain legal framework.

The term jurisprudence has to be classified in multiple concepts, varying in terms of the nature of its regulations, as well as its scope. Next, everything about what is jurisprudence.

International: What is jurisprudence?

International jurisprudence is a mechanism used to determine what the corresponding norms are in order to solve problems in the international arena. Due to its nature, it operates as a source of information in the area of international law, for which it has all the necessary clauses for multiple resolutions.

Its existence supposes an egalitarian extension of the pertinent norms to a specific context, allowing an applicable framework to exist, as it is in the case of the States themselves. This is how the rules of law relating to the solution of an international conflict are determined.

International jurisprudence thus constitutes a right for all nations that, either through a convention or a particular agreement, form part of the same framework, allowing them to have the same legal provisions. This is how differences in the international arena can be addressed in a solemn manner.

What is international jurisprudence
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What is international jurisprudence

Classic

Classical jurisprudence is a term used in reference to the rise of Roman jurisprudence, or what some authors also call Roman law.

He is considered one of the most influential bases for Western Law today, being part of the history of Rome inclusive. At that time, jurisprudence was valued as a science specialized in the knowledge of Law per se.

This science was constituted by the jurisconsults, people who, through the study of Law, were part of the Roman aristocracy, being the ones who explained the rules and regulations, thus representing the institutions that today are known as jurisprudence.

It is called classical because it is characterized as the best of the three periods in the history of Rome in which jurisprudence highlighted such an important development. In this sense, it would have passed between the 1st century and 111 after Christ, during the Principality.

Mercantile

Commercial jurisprudence is one that is in charge of offering an interpretation of all the regulations inherent to commercial processes, regulated from commercial law.

Their presence does not exclude other sources of information such as the law respectively. However, case law has facilitated the understanding of the processes that take place in the application of certain regulations, becoming a fundamental element for the processing of trade regulations.

Civil

The civil area requires a group of regulations that must be explained and interpreted by a competent body. In this regard, civil jurisprudence is responsible for all these understandings, becoming the channel between civil law and relevant regulations.

By its nature, civil jurisprudence will be subject to the principles of each specific society. That is, their religious beliefs, traditions and moral convictions will be valued. In this way, the interpretation of its legal resolutions will be based on all these features.

Technique

Technical jurisprudence is that doctrine that is characterized by its objective, which consists of generating a coherent exposition and in order of all the legal precepts that remain in force in a given space, time and study. In it becomes, in turn, the interpretation of all these precepts.

With technical jurisprudence, it is possible to systematize all the regulations that take place in a legal framework, obtaining a coherent and applicable order in a particular situation.

By reiteration

Jurisprudence by reiteration consists of the uninterrupted application of at least five sentences in a sustained manner, highlighting their use in different sessions, which, at the same time, have obtained sufficient votes to be approved and, in such a way, applied in a sentence .

It could be said that case law by reiteration is a concept that refers to a specific pattern more than anything else. That is, it does not refer to a legal body or instrument, but rather to a pattern in the linear selection and application of a specific sentence.

In this case, it is about repeated application of the sentence, which explains precisely the reason for its name. It is important to remember that, in order to be considered for repetition, the sentences must be approved systematically.

Constitutional

Constitutional jurisprudence is specialized in the analysis and understanding of all the elements present in a constitution, making use of constitutional law in a balanced manner as far as the effect of its articles is concerned.

Through constitutional jurisprudence, the regulations of a constitution can be analyzed in order to review individually, but at the same time uniformly, all the cases related to the same topic. This will allow the law to be exercised from the same approach for all people.

Jurisprudence is a fundamental organ for understanding all the precepts present in the reading of a certain legal instrument. With this, it is possible to apply legal resolutions in a balanced way, correctly assessing all the points inherent to a judicial process.

The result, an orderly and efficient application of all the interpretations that take place in the understanding of a clause, article or legal concept respectively.

Sources

  1. (2021). Jurisprudence. Wikipedia. Retrieved from: https://en.m.wikipedia.org/wiki/Jurisprudence
  2. Dworkin, R (1997). Jurisprudence and constitutional law. Encyclopedia. Retrieved from:https://www.encyclopedia.com/politics /encyclopedias-almanacs-transcripts-and-maps/jurisprudence-and-constitutional-law
  3. Castilian, D. (2008). Common Law and Civil Jurisprudence. Arcaneknowledge. Retrieved from: https://www.arcaneknowledge.org/histpoli/commoncivil.htm

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