As Fitzgerald rightly noted, “jurisprudence covers a broader field of study than legal theory. Case law analyzes legal opinions. It also tries to understand what the basic concepts of law are. It not only analyzes laws already defined, but also analyzes and lays the foundations for new rules. It is the product of the thinking of jurists and philosophers. You have the right to inspect, analyze and comment on the legal system. As such, it can be seen as an analytical exercise that has no immediate practical application. It sets the tone for legislative amendments. However, this concept was known to the ancient Indian legal philosopher as “Dharma”, which contained moral principles and imperatives aimed at ensuring the well-being of society, especially through the regulation of human behavior. With the restriction of Mughal rule, followed by British rule for nearly two centuries, India`s ancient Indian legal system lost its roots, and indigenous laws became known as the personal laws of the “Gentoos.” The British gradually introduced their well-developed legal system to India. Professor Hart (1907) can be considered one of the leading exponents of British positivism in the present. He wrote an important book, “The Law`s Definition,” in which he challenged Austin`s theory. According to Hart, law consists of laws that are broad and not optional, but at the same time tailored to formalization, regulation, and jurisdiction.
He said that the law is a set of social rules that take on the character of laws (laws resulting from social pressure). The law is a set of laws that can be established publicly. In Hart`s view, the law is analogous to a legal structure. Thus, legal theory is only one aspect of jurisprudence, which is an evaluative and philosophical study of law in relation to objectives, values and property to which the law should be subordinated. It is a living law that is based on perceived needs or social forces and rejects purely technical, analytical, or conceptual legal concepts. Case law is, by its very nature, a completely different subject from other social sciences. Jurisprudence is the study of legal philosophy or knowledge of law and its applications. The reason is that it is not a system, but a growing and systematic subject that has no limits to itself.
Case law may cover the law as a whole. As we know, the law cannot be static, it changes with change in the development of society. The definition of the law is probably sufficient for today, but it could be limited to a narrow definition in the future. Austin defined the law as a rule established to guide an intelligent being by an intelligent being who has power over him. According to him, the so-called just law includes: the law of God, the laws of man and the rules of a positive nature. Auguste Compte (1798-1857) is called the father of modern positivism. He limited his analysis to observation of the facts and completely rejected hypothetical considerations in the study of jurisprudence and legal theory. He stressed the need to study case law on the observation and analysis of verifiable facts. By this he meant examining man-made laws that were made by people for people and that are different from the law as it should be.
At the beginning of the 20th century, a new perspective was envisaged for the study of law in relation to society, treating law as a “social engineering”, that is, as an instrument of social change. Therefore, jurisprudence can be called a science like any other social science. Law plays different roles in everyone`s life. A single word cannot define a law. There must be no word that can be equated with a right. Analogies can be drawn to understand the law. The law is like a temple designed for men and women to live in their palace of peace. The law is a love that is inarticulate in nature. Both have the power to regulate human emotions.
The law is as complex as love. An analogy can be drawn between law and the sea. The law and the ocean are huge, and as one drop increases the amount of water in the ocean, any verdict adds to many precedents. Nor is there life without water, there is no life without law. Austin has made an important contribution to jurisprudence. He analysed English law in detail and declared that “law is the command of the sovereign.” This eventually became the framework of the legal system in England and adopted the expository approach. In addition, he defined case law as a “philosophy of positive law”. He divided it into two main categories: It is necessary for legal education. It is used for practical purposes by lawyers and judges. and It suggests what the law “should be,” legislators can legislate, and it provides a comparative study by studying law in relation to economics, sociology, and other social sciences. It is not for nothing that the great Greek thinker Aristotle said: “At his best, man is the noblest of all animals; separated from law and justice, it is the worst” and Thomas Hobbes had said: “It is not wisdom, but authority that makes a law.” Various philosophers have given their unique definition of law. Even every layman has his own definition.
Everyone has their own interpretation of what the law is and what should be right. The main purpose of this article is to interpret the meaning of the law and how the law has evolved over time. It refers to legal entities as a norm in a system. It is generic and broader. Case law offers answers to multidimensional legal questions. It contributes to the overall growth of the company. It enhances the lawyer`s ability to justify rational thinking. It blesses or accelerates the skills of a lawyer with a sense of philosophy, ethics and morality that helps him progress in his discipline. There are also cases where there are gaps in the rules; Judges choose the path of jurisprudence in these periods.
Case law is the theoretical basis of law, and without it; It is not possible to enforce the applicable law. Case law refers to a logical and analytical study of the law. The term jurisprudence comes from the Latin word “juris” and “prudentia”, which can be divided into two sections, and it is jurisprudence, which comes from the word “jus”, which means “law”, and from the word “prudent”, which means “prudence”, foresight or discretion. It talks about the relationship between law, culture, man, nature and other social sciences. Case law refers to a logical and analytical study of the law. It deals with legal logic, legal entities and legal frameworks. The question of jurisprudence is of great importance in the broad field of law. Sociological jurisprudence in America has formed an extreme wing under the name of the realist school. They are engaged in the study of law, how it works and works, which means examining the social forces that make a law on the one hand and the social consequences on the other.
Instead of extracting logical conclusions from the general rules and unarticulated conceptual premises that underpin a legal system, they focus more on what courts can do. Case law provides judges and lawyers with a guideline for establishing the true meaning of laws enacted by Parliament by providing rules of interpretation. The scope of the jurisprudence was rightly formulated by Karl Lwellyn as “as great as the law and greater.” The scope of the case-law has been covered under the following sub-headings: In the history of time, this topic allows us to take a flexible approach to all kinds of legal issues, which are endowed with a deeper understanding of legal reasoning, legal systems, legal institutions and the role of law in society, although it is not limited in scope as it is a growing topic. But there are differences of opinion about the nature of justice. This is called both art and science. But calling it the science of law would be more accurate. The reason is that, just as in science, after a systematic study, we draw conclusions by inventing new methods. It is a part of a particular doctrine or department. The specific case law is then divided into analytical jurisprudence, legal history and jurisprudence. Case law – Jurisprudence focuses on the regulation of human behaviour in accordance with the established values, needs and objectives of each society.
As values, needs and goals change, so does the nature of jurisprudence to meet the needs of a particular society. Over the years, the scope of case law has changed significantly, but the distinction between law and jurisprudence is quite clear. Case law is the philosophy of law, but it does not refer to the creation of new rules and regulations. It is reflected in a particular rule or a set of legal provisions. It can be said that there is no agreement in the field of jurisprudence. Every scholar says different things. Some have included moral and religious elements and complicated things. Several scientists have criticized Austin`s theory. But its definition shows us the difference between laws and theories. It set limits to the notion of jurisprudence on a territory and by a sovereign authority.
But other scientists did not prefer this definition. In modern times, the scope of jurisprudence refers to human behavior and human order. This is the study of law, and it is not the law itself – you have to understand this fundamental difference. Salmond defines jurisprudence as: “Jurisprudence is the science of the first principle of civil law.” According to Salmond, jurisprudence can be defined in two senses (1) in the “generic sense”: as a “science of civil law” and (2) in the “specific sense”: as the science of the first principle of civil law. Civil law includes the rules applied by the courts in the administration of justice. Salmond agrees with Austin and Holland only to the extent that jurisprudence is “a science, a systematic study of the basic principles of legal systems.