The secondary method of research has been used by me in this project. Along with the internet, I have gathered the relevant data by referring to various books and articles.
OBJECTIVE OF STUDY
The following are the main objectives of this project:
• To get a clear understanding of the term jurisprudence
• To understand the meaning and importance of social sciences
• To study the inter relation of jurisprudence and social sciences in the legal sense
SIGNIFICANCE OF THE TOPIC
• To develop a clear understanding of jurisprudence and social sciences
• To study the inter relationship and importance of jurisprudence and the various social sciences.
• To understand the impact of jurisprudence and social sciences in the evolution of the society.
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The term “Jurisprudence” has been derived from the Latin word “Jurisprudentia” which means “knowledge of law”. Therefore it can be said that jurisprudence means knowledge and application of the law. However, jurisprudence is a wide concept and it is difficult to come up with one single definition that describes the term perfectly. The term has assumed different meaning during the course of History.
Jurisprudence is commonly called the science of law. This is because law is a dynamic concept and changes with changing times. During this period, modern jurisprudence has to take into consideration the social ethos and changing patterns of the society which immensely widens its scope. Jurisprudence is that science which gives us the knowledge of law.
Others regard jurisprudence to be the “philosophy of law”. Rapid social changes taking place all over the world have led to this approach receiving primacy in modern times. This has given rise to the term “functional jurisprudence”
Jurisprudence originated from the romans. It is basically a theoretical study of the society. It can be said that the history of jurisprudence is as old as the history of human culture. Jurisprudence of incient india evolved by its law givers such as rishis like ved vyas, parasar, etc. the importance of justice and righteousness was highlighted by ancient indian
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The pros and cons of codification of law, methods of judicial interpretations and enquiry into administration of justice are also considered.
Following are some of the salient points under significance of jurisprudence:
• The complexities of law can be removed with the help of jurisprudence. It makes law more manageable and rational by constructing various concepts.
• Jurisprudence teaches an individual to come to a reasonable solution to a legal problem. The solution must be found keeping in mind the present social needs as well as the wisdom of the past.
• Jurisprudence is often said to be “the grammar of law”. It throws light on the basic principles of law.
• It helps in the accurate interpretation of law by ascertaining the accurate meanings of laws passed by legislators. This is of great help to lawyers and judges.
Dr M J Sethna states that “The value of jurisprudence lies in examining the consequences of law and its administration on social welfare and suggesting changes for the betterment of the superstructure of
Continuing to major section II, the researcher developed a theoretical perspective including a literature review. The researcher had to know what the current base of knowledge was to make a contribution to the topic. MSH and DMH websites provided information about their mission; as well as their services. With the subject of funding mental health care being a hot topic right now, the researcher was able to get a considerable amount of information from agency documents and reports; as well as the local media. The researcher also used scholarly peer-reviewed secondary sources from Belhaven’s online library databases.
To begin with, in the judicial system, there is an ongoing dispute over what compromises the proper amount of judicial power. This lack of agreement concerning policymaking power of the Courts is bestowed within the discussion between judicial activism and judicial restraint. In general, these two philosophies represent the conflicting approaches taken by judges in their task of interpretation. Consequently, the Court’s decision could be framed in terms of activism or restraint by either changing or upholding public policy.
Since the spoken word, hundreds of philosophers have defined law in different ways. Philosophy allows people to study the nature of people’s beliefs which can differ over time. Not even the law is exempt from the opinions of philosophers. Seeing law in different ways allows people to come to different conclusions about legal cases. The Fugitive Slave Law was a controversial law in American history, which allowed slave-owners to capture their slaves who have fled north to free states.
Introduction Chapter three will provide the reader with research methods and procedures that were used to conduct this thesis. The research methods and procedure section will be described in details how the student researcher obtained the data. Research Methods and Procedures The significant aspect of the research process consists of various peer reviewed research journals, published books and web based news articles. All of the sources gathered to compose this thesis were within the last five years, on what prior researchers have done regarding recruiting Asian-American police applicants.
Justice is one of the most important moral and political concepts. The word comes from the Latin word jus, meaning right or law. According to Kelsen (2000), Justice is primarily a possible, but not a necessary, quality of a social order regulating the mutual relations of men As a result of its importance, prominent and knowledgeable people have shared their views on justice and what it means and how the state is involved in its administration. The likes of Plato, Aristotle, Socrates, Thomas Hobbes and John Locke among others have written extensively on the concept of justice.
Lastly, courts lack the resource to implement policies in line with their decisions. Thus, even when cases are won, “court decisions are often rendered useless” as litigants are left to the task of implementation (Rosenburg 21). Despite the Constrained Courts view that courts are insufficient in producing social change, “it does not deny the possibility” (Rosenburg 21). When the right factors are in place and certain conditions in favor of the case’s outcome, courts can be a powerful institution in promoting justice (Hall 2).
Throughout the history of mankind, society has defined itself by law and the order that law creates. “Laws are the binding rules of conduct or action which the vast majority of the society has to abide”. Justice on the other hand is rather an abstract concept. There is no right or wrong definition of justice, but is rather agreed upon the concept of being fair and equal. Many would assume that the sole purpose of law is to establish justice, which seems like a wonderful philosophical theory but is slightly difficult to follow.
The relationship between the law and society affects everyone and everything. How the law is written and how it is acted upon in society are two different things. It is imperative, therefore, that we as citizens pay attention to and understand the importance of the relationship between the law and society as it affects both our own lives and the lives of those around us. We engage in and witness the power of the law and society everyday. The law is personal, however, the law is also discretionary depending on where you look.
Ethics is described as the moral believes by which a person will conduct a specific activity. It is these moral believes between the client and legal professional that need to agree to decide the outcome of the case. This essay will handle with legal ethics regarding to being a fit and proper person, the clients needs, professional conduct, professional responsibility and the legal system in South Africa. Before being admitted as a legal professional a person needs to be regarded as being a fit and proper person to practice the noble and precise field of law. The requirement of being fit and proper is seen as one of the most important characteristics of the legal profession but is not to be found in legislation nor is it defined.
The laws stand as a basic understanding of right from wrong and allowed civilizations to keep the most peace among their people as they
The law is meant to provide justice to people. So the main advantages of the common law system is that it is consistent, adaptive, equal and independent. Consistency is achieved through the precedent as the base for the decisions, not the personal attitudes of the judges. The parties, involved in the process, are expecting that their case would be decided as the similar one, it creates certainty in getting equal justice and stability. Precedents are usually developed in the higher courts by the senior
The law is an intriguing concept, evolving from society’s originalities and moral perspectives. By participating in the legal system, we may endeavour to formulate a link between our own unique beliefs and the world in which we live. Evidently, a just sense of legality is a potent prerequisite for change, enabling society to continue its quest for universal equality and justice. Aristotle once stated that "even when laws have been written down, they ought not to remain unaltered".
As the law have definite rules and abstracts, the application of such rules and structure can be ineffectively applied which requires the ultimate result to reach. In addition, such structures are difficult to be applied in every situation and thus, it is important to understand the situation and the means of structure where it can provide the complete solution to the problem. It also involves the articulation of complex facts which are also tricky to understand. Advantages – it provides the understanding to view the person as an active agent and also promotes the idea of self-responsibility. The humanistic approach also enables the professional to work on the subjective experiences of an individual.
Precedents have a great importance in court’s decision. • Legal Sources: They are known as the instrument through which legal rules, law or principles are established: Legislature: Legislature is an essential part of state established by the parliament consisting of elected officials. Members of parliament present the bill which after thorough discussion approve or reject it. If the bill is approved from parliament, then senates looks through it and approve it with consultation, and it becomes an act. All the acts passed by governing authority can be challenged through judicial
Law is present in our daily life and in everything we do. We cannot think a second without law. Whatever we can see around us everything is connected with the law. Sometimes we can see it and sometimes we cannot see but feel it. Law is not just a thing to obey for yourself but making a peaceful society.