ANALYTICAL APPROACH TO JURISPRUDENCE WITH INDIAN PERSPECTIVE

AUTHOR – BHAVANA .B .K .STUDENT AT VIDYA VIKAS INSTITUTE OF LEGAL STUDIES MYSORE

BEST CITATION – BHAVANA .B .K, ANALYTICAL APPROACH TO JURISPRUDENCE WITH INDIAN PERSPECTIVE, ILE WEEKLY REVIEW (ILE WR), 1 (4) OF 2023, PG. 5-10, APIS – 3920 – 0037 | ISBN – 978-81-964391-3-2.

ABSTRACT:

Jurisprudence is the study and theory of law. The word “Jurisprudence “is derived from the Latin word ”jurisprudentia” . Which means science knowledge of law . Jurisprudence is a very vast area of study and it consist of several ideology and theories on how law has been made. It is also includes the relationship of law with individuals and other social institution within the scope of its study. So many of these jurists  and knowledgeable persons are have attempted to classify the sources of the. The main and most common sources in all these classifications are legislation, judicial precedent and customs. Essentially, Law refers to the rules or code of conduct and it is sources refer to the materials from which it gets its content. In the words of the UN Vienna  declaration of 1993 “ human rights are universal, indivisible, interdependent and interrelated and therefore should be protected and promoted in a fair and equitable manner by something as fundamental and all pervasive as the rule of law”. So, in essence rule of law means that everyone from the government to it is officials, together with citizens should act according to the law. The doctrine of rule of law has been described as supremacy of the law. This means that where there is a rule of law no person can be said to be above the law, even the functions and actions of the executive organ of the state shall be within the Ambit of the law. Jurisprudence is the science of civil law. A jurist has his own notion of the subject matter of jurisprudence the science of law. There are two extreme to the scope of law, one being it is coercive character and the other social acceptance, the observance of law by the community as a result of the growth of custom and conviction on the part of the observing group that it is just and fair.

KEYWORDS – Stare decisis, Precedent, Judges, Judicial system, Analytical jurisprudence, Obitar dicta , Question of law, Question of fact