Author Question: Can somebody PLEASE explain this to me? (Read 1359 times)

TI

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HOMEWORK HELP
Can anyone PLEASE explain to me what is criminal jurisprudence?
I need a comprehensive answer on this please... THANK YOU.
I don't need a definition, i need some sort of a discussion on this since i have to make a paper about it. Thanks.



Hungry!

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Reply #1 on: Jul 16, 2013
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal philosophers, hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. As jurisprudence has developed, there are three main aspects with which scholarly writing engages:

Natural law is the idea that there are unchangeable laws of nature which govern us, and that our laws and institutions should try to align with this natural law.
Analytic jurisprudence asks questions distinctive to legal philosophy like, "What is law?""What are the criteria for legal validity?" or "What is the relationship between law and morality?" and other such questions that legal philosophers may engage.
Normative jurisprudence asks what law ought to be. It is close to political philosophy, and includes questions of whether one ought to obey the law, on what grounds law-breakers might properly be punished, the proper uses and limits of regulation, how judges ought to decide cases.
Modern jurisprudence and philosophy of law is dominated today primarily by Western academics. The ideas of the Western legal tradition have become so pervasive throughout the world that it is tempting to see them as universal. Historically, however, many philosophers from other traditions have discussed the same questions, from Islamic scholars to the ancient Greeks.



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Sandstorm

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Reply #2 on: Jul 16, 2013
In what country? It means different things in different countries. In USA it's a committee set by the State Bar that makes recommendations to the legislature or can take cases to the Supreme Court. Check out the website below and good luck.



geoffrey

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Reply #3 on: Jul 16, 2013
Jurisprudence is the science or philosophy of law. According to Farlex (2009) Criminal Jurisprudence can also be thought of as; "law as a science or philosophy or a system of laws or a particular branch of law or the branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do." The Merriam-Webster Online Dictionary states that, "Jurisprudence means, Symptoms, Causes, Treatments of Jurisprudence 1: the science or philosophy of law 2 a: a system or body of law b: the course of court decisions 3: a department of law ." It is always a good idea to have these distinctions when it comes to law. It is far easier to classify things if there is already a classification for them. Lawyers, courts and the government can properly handle anything that comes their way because they have a system in place to handle these things. If one wants to study the science or philosophy of law they can start by learning the different classifications like Criminal Jurisprudence for example.

Now that we know what Criminal Jurisprudence means we can further examine its uses. Cornell University Law School states, "The word jurisprudence derives from the Latin term juris prudentia, which means "the study, knowledge, or science of law." In the United States jurisprudence commonly means the philosophy of law. Legal philosophy has many aspects, but four of them are the most common. The first and the most prevalent form of jurisprudence seeks to analyze, explain, classify, and criticize entire bodies of law. Law school textbooks and legal encyclopedias represent this type of scholarship. The second type of jurisprudence compares and contrasts law with other fields of knowledge such as literature, economics, religion, and the social sciences. The third type of jurisprudence seeks to reveal the historical, moral, and cultural basis of a particular legal concept. The fourth body of jurisprudence focuses on finding the answer to such abstract questions as What is law? How do judges (properly) decide cases?"

It also states, "Apart from different types of jurisprudence, different schools of jurisprudence exist. Formalism, or conceptualism, treats law like math or science. Formalists believe that a judge identifies the relevant legal principles, applies them to the facts of a case, and logically deduces a rule that will govern the outcome of the dispute. In contrast, proponents of legal realism believe that most cases before courts present hard questions that judges must resolve by balancing the interests of the parties and ultimately drawing an arbitrary line on one side of the dispute. This line, realists maintain, is drawn according to the political, economic, and psychological inclinations of the judge. Some legal realists even believe that a judge is able to shape the outcome of the case based on personal biases."



P.S. I would put more into your own words. I don't think you can quote that much. Hope it helps.



 

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