Jurisprudence is the study of legal philosophy and the science of law. The term is derived from the Latin phrase Jurisprudentia (where juris means "law" and prudentia means "knowledge" or "skill"). Thus, it represents the systematic knowledge or science of law.
1. Classic Definitions of Jurisprudence
- John Salmond: Defined it as "the science of the first principles of the civil law." He distinguished between "particular" jurisprudence (study of a single system) and "general" jurisprudence (common principles of all systems).
- John Austin: Termed it "the philosophy of positive law" (laws enacted by a political superior).
- Thomas Holland: Defined it as "the formal science of positive law"—meaning it studies the structural relations of law rather than its actual content.
2. The Natural Law School
Natural Law is a system of rules and principles believed to be derived from a divine, cosmic, or rational order. Its fundamental thesis is that human-made law is subordinate to an objective moral order, encapsulated in the Latin maxim: Lex iniusta non est lex (An unjust law is not law).
A. Historical Evolution
- Ancient Period (Greek & Roman): Socrates, Plato, and Aristotle emphasized that "natural justice" is universal, based on reason and inherent human nature.
- Medieval Period (Christian Theology):
- St. Thomas Aquinas: Structured law into four hierarchies: Lex Aeterna (Divine Reason), Lex Divina (Scriptures), Lex Naturalis (Human participation in divine reason), and Lex Humana (Human laws, which are void if they violate natural law).
- Classical Period (Social Contract Theories):
- Thomas Hobbes: Argued that the state of nature was "solitary, poor, nasty, brutish, and short." Men surrendered rights to an absolute sovereign (Leviathan) to secure self-preservation.
- John Locke: Held that the state of nature was peaceful but lacked secure property rights. Men entered a social contract to protect inalienable rights to life, liberty, and property (limited government).
- Jean-Jacques Rousseau: Declared "man is born free, but everywhere he is in chains." Men surrendered rights to the "General Will" of society.
B. The Modern Revival of Natural Law
- John Finnis: Restated natural law in secular terms, defining seven "basic human goods" (life, knowledge, play, aesthetic experience, sociability, practical reasonableness, and religion) that are self-evident and essential for human flourishing.
- Lon L. Fuller (Procedural Natural Law): Argued that a functional legal system must possess an "inner morality" consisting of eight procedural requirements (generality, promulgation, non-retroactivity, clarity, consistency, possibility of compliance, constancy, and congruence).