subject: The Meaning Of Jurisprudence [print this page] The law is a structure set down to help control society and every individual in it. Without laws we would have chaos. The law has many facets, the court system, judges, attorneys, and the police department. There are also areas of the law that many people don't know about.
As the world changes and society grows, some of the older laws seem to be obsolete. Should these laws still apply to the ever changing structure of the society?
Should a man sit on death row for thirty years before his life is taken or should it be taken at all? Should one criminal be able to testify against another of the same crime in order to get a lesser sentence or even be allowed to go free? Should two people be able to marry even though they are of the same sex?
To answer these types of legal questions there is a part of the law we need to be aware of, jurisprudence.
Normative and analytical jurisprudence, normative jurisprudence deals with the morals of law, what is morally expected of us as a society and human beings? It also deals with the punishment of those who break the law.
Can we as humans take another life under the law, and is there a correct answer for doing so. Should a person be punished for taking another life, should the law be set so that we can be punished?
Analytical jurisprudence deals with every aspect of the law, it allows for the study of the law and all its components and systems no matter how great or small. It helps to determine whether something is a law or a rule. In essence, it is the study of the structure of the laws made by the people.
Morality is not what analytical jurisprudence is concerned with the laws and in place to analyze the law system as it is.
