BRIEF CONSIDERATIONS ON THE HISTORICAL
EVOLUTION OF JURISPRUDENCE AS SOURCE OF
LAW
BRIEF CONSIDERATIONS ON THE HISTORICAL
EVOLUTION OF JURISPRUDENCE AS SOURCE OF
LAW
Author(s): Rîpeanu AndreeaSubject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: law; jurisprudence; legal norm; source of law; case law
Summary/Abstract: The legal practice, also known as the jurisprudence (Lat. jurisprudentia) represents all decisions ruled by all the courts. It is the science of the law2 or, in other words, the knowledge of the divine and human things, the science of what is fair and unfair (Ulpian). The jurisprudential law or the common law system (from the English common law, case-law, judge-made law) represents the legal system developed based on the jurisprudence of the courts, auctoritas rerum perpetuo similiter indicatum. In the common law systems, the law is drafted and/or modified by judges, who have the authority and responsibility to create law using the case law.
Journal: Studii Juridice şi Administrative
- Issue Year: 16/2017
- Issue No: 1
- Page Range: 32-48
- Page Count: 17
- Language: English