THE PURPOSE OF THE STUDY OF LAW & JURISPRUDENCE
CONTENTS
1.0 Introduction
2.0 Objectives
Main Body
Why Studying the Course?
Importance of the study of Jurisprudence
The role and the uses of the study
How the study can be applied to practical purposes both in terms of practice and content.
4.0 Conclusion
5.0 Summary
6.0 References/Further Readings
INTRODUCTION
Every student, for a start, often deems the study of Jurisprudence a Herculean task. So they tend to ask themselves: Why studying Jurisprudence? Jurisprudence is studied for so many reasons. It helps law students to understand every aspect of the philosophy of law, just as it ensures appropriate use of legal terminology. The study of Jurisprudence broadens the knowledge of the students; it fosters the intellectual rigour that ought to be the hallmark of any university education; and it helps law students to turn out competent lawyers on the long run.
OBJECTIVES
To help the students deal with the importance of the study of jurisprudence with references to the functions of the study of jurisprudence of other non-law spheres. Examines the inadequacies of definitions and descriptions of what Jurisprudence entails.
Strives to explain to the students the overall study of Jurisprudence in terms of its uses, applicability, functions and purposes.
MAIN BODY
- Why Studying the Course?
The question is often asked: Why studying a course obviously as dry as Jurisprudence and Legal Theory? The answer is within the finger-tips. The study of Jurisprudence and Legal Theory helps to put the various fields of human endeavours within a particular context.
Thus, there is the Jurisprudence of law (which examines the various rudiments making up the field of law), the Jurisprudence of Economics, the Jurisprudence of Medicine, the Jurisprudence of Sociology, and so on and so forth. We also take the pain to study the Course because it increases human knowledge and makes problem solving easier.
Students are advised to peruse the textbooks for more reasons why we study Jurisprudence as a course.
Self-Assessment Exercise (SAE) 1
Adduce some of the reasons why people study Jurisprudence and Legal Theory as a course.
- The Importance of the study of Jurisprudence
The following are some aspects of the importance of studying Jurisprudence:
Jurisprudence discloses knowledge of general ideas and principles of all legal systems, so it is called eye of the law. Certain fundamental conceptions such as negligence, liability, mensrea etc. have to be learned before provision of law relating to them can be understood, and Jurisprudence teaches these fundamental conceptions.
Jurisprudence trains the mind into legal ways of thought. It teaches the proper use oflegal terms, and is called grammar of law.
The study of jurisprudence helps law makers by providing them brief and clear terminology.
It enlightens students and helps them in adjusting themselves in the society without causing injuries to the interests of other students and other people.
To find out the true meaning of law, jurisprudence helps the judges and the lawyer. Self-Assessment Exercise (SAE) 2
What are the benefits of the study of Jurisprudence?
- The Role and the Uses of the Study
When properly understood, Jurisprudence plays a pivotal role in the society. It enhances an easy understanding of the laws of the land, thereby making application simple and effortless. Jurisprudence can be applied not only to the field of law but also to Sociology, Economics, Sciences, etc. Its uses are therefore beyond doubts.
- How the study can be applied to practical purposes both in terms of practice and content.
Jurisprudence can be applied to several areas in Nigeria. The Natural Law school for instance has helped to shape our laws to a certain extent. Some instances of this include the penalisation of the offence of murder, stealing and some others based on the principles of morality.
Also, before customary law can become applicable, it must pass the repugnancy test, i.e. it must not be repugnant to natural justice, equity and good conscience. This is in line with the Natural Law school of thought.
Legal positivism is also in active use. According to this school, law is man-made. There must be an identifiable sovereign who doles out the law. There must be subjects who obey the laws of the sovereign, and in case of violation or breach, there must be accompanying sanction. The Criminal Code for example is promulgated by a sovereign (the National Assembly and the President). Nigerians are the subjects and penalties are available under various sections for breach.
There are also some jurists under legal positivism who see law as what the court says. In applying this to Nigeria, judicial precedent, which is what the court says, forms part of our laws in Nigeria.
The study of Jurisprudence has therefore been put to practical use in Nigeria Self-Assessment Exercise (SAE) 3
What function does the study of Jurisprudence have in evolving a legal philosophy? Self-Assessment Exercise (SAE) 4
Examine the current legal regime in Nigeria and explain your view of Nigeria having a legal philosophy or otherwise.
CONCLUSION
We have seen that Jurisprudence as the study of theories and philosophies of law has gone a long way in helping us grapple effectively with the nature of law, legal reasoning, legal systems and legal institutions. Its importance and practical applicability in Nigeria have also been explored.
SUMMARY
In this unit, you have learnt about the following:
- Why Studying the Course?
- The importance of the study of Jurisprudence
- Role and Uses of the Study
- How the study can be applied to practical purposes both in terms of practice and content.
REFERENCES
A.W.B. Simpson ed., J. Raz, On the Functions of Law, Oxford Essays in Jurisprudence, 2 nd ser., Clarendon Press, Oxford, p. 278-304
L.B. Curzon, Jurisprudence, 2 nd ed., Cavendish Publishing Limited, London, 1995, p. 1 – 11
L.B. Curzon, Jurisprudence, 2 nd ed., Cavendish Publishing Limited, London, 1995, p. 159 – 167
Lord Radcliffe, The Law and its Compass, 1961, pp. 92 – 93
Prof. Okunniga, Inaugural Lecture (1983) Series 62 at p. 207
Radcliffe and Cross, The English Legal System, 4 th ed. London, Butterworth, 1964, p. 375-392