Jurisprudence

the jurisprudence (jurisprudence, colloquially in Germany also law, in Austria and Switzerland also Justitium or Jus) is the science of the right. It is concerned with the realization and updating of the objective right andone of the oldest university disciplines is apart from theology , medicine and philosophy.

The classical definition its that jurisprudence is, gives the Roman lawyer Ulpian: Jurisprudence is the science of the fair one and unfair one, the knowledge of the human and göttlichen things. „Iurisprudentia divinarum atque est humanarum rerum notitia, iusti atque iniusti scientia “ (Domitius Ulpianus: Ulpian primo libro move, Digesten 1.1.10.2)

table of contents

designation

the study of the jurisprudence in Germany colloquially as law studies one designates. The term law became in this connection the first time at the university of Bologna related. It is derived from latin ius („the right “). Iura (Plural) are „the rights “, both the lay and the church right (canonical right), which stood at that time still equally next to each other. Some universities attain a doctorate therefore when desired also today stillto the Doctor iuris utriusque (lat. „Doctor of both rights “). In Austria and Switzerland Jus is studied.

Who completed a study of the jurisprudence, lawyer one calls. Who took the second legal state examination successfully in Germany, those is justifiedDesignation ASS. jur. (Right assessor) to lead and colloquially „full lawyer “one calls. In Switzerland the study with the Lizentiat became, so-called up to the year 2003. lic.iur., finally. By the Bologna reform the title assignment the international study becameadapted.

With the religiously legitimized Islamic right, the disputed Schari'a, concerns itself the Islamic jurisprudence (Fiqh).

history of the jurisprudence

during itself the historical jurisprudence busily with the historical development of the right, leaves itself alsoexamine, how the science of the right in the process of history developed.

The question, which right is, was again differently answered over the centuries always. At first right equated with the dominant moral conceptions (see. also nature right). Later dominatedthe conception, as right can be understood only one rule, those about a body or a person (i.d.R. „to the ruler “) one issued, who had also the authority to its decree and for penetration (right positivism). The historical right school stressed in contrast to thisat the beginning 19. Century again the social and historical anchorage of the right. From these and other conceptions the today usual juridical systems developed.

Here again above all two kinds are to be differentiated from juridical systems to, i.e. those of the codified, abstractly right, and those of the drop right (Common Law) defined.

The codified right essentially developed from the Roman right. Like that it was emperor Justinian, that as the first the Roman right in the corpus Iuris Civilisarranged and thus at the same time in the entire Roman realm standardized. Even if in the codified right earlier decisions are considered, in the long run always the law book has and the legal text - if necessary also customary law - the highest authority. The important range of the civil law by Napoleon and again codified in the code civil was revised. This is since then in the französischsprachigen area, which spreads former French colonies and further countries. Besides the German right tradition, those stands on the soil of the common right in the Kodifikation of the Civil law book expression and likewise beyond Germany found radiated.

In contrast to it the development of the English right tradition of the Common Law stands. The right is here in the principle not codified, but becomes from the iurisdiction due to of Präjudizien develops further. This juridical system was transferred and developed further also to the USA and other former British colonies. Thus there is a school legally of realism in the USA, after which alone the right is, which the courts as rightuse and will execute. Another characteristic of the US-American right is the great importance of the courts of assizes (see.Jury).

disciplines

the subsections of the jurisprudence can be combined into the so-called basic subjects on the one hand and the theory of the validQuite in its numerous right areas on the other hand.

The legal basic fan are often at the same time disciplines of neighbour sciences, so for instance the philosophy of law, the historical jurisprudence and the right sociology. Besides are in particular the legal method teachings of importance. In Austria as well as at a majoritythe universities in Switzerland, besides the subject is Roman right obligating to complete mostly in the first study section.

An overview of the most important right areas is contained in the article right.

demarcation and classification

the jurisprudence differ from Nature and pure social sciences in the fact that it itself in their current form - at least in their main fields - not with objective realizations in the sense of material, sinnlich experiencable phenomena busily (see. the lecture „the worthlessness of the jurisprudence as science“, 1848). This remains reserving lateral branches of the jurisprudence, as for instance the philosophy of law, the right sociology and the Kriminologie. Has in particular the philosophy of law in the jurisprudence and in law studies, compared with the high Middle Ages and Renaissance, substantially at valuelost. The Kriminologie, which concerns itself among other things with empirical research, has a rather small value at the universities likewise.

In more recent time the jurisprudence concerns itself much with the legal methodology and the theory of the law interpretation. That is,that it is concerned with the interpretation of legal regulations, which are brought out by quite-setting organs, primarily by the legislation, partly also by the courts (so-called. Judge right). It concerns to that extent with the jurisprudence one Linguistics with sociological elements.

study

a central component of the legal training is in practically all right circles the study of the jurisprudence at a university. Since the legal function essentially relies on controlling droporiented problem solution strategies, that can Law studies also as qualification for executive functions in politics, administration and economics serve.

study in Germany

almost each German university offers a legal course of studies . The study orders differ from Land of the Federal Republic to Land of the Federal Republic, likewise the average period of study,those four and one-half to five years amounts to usual.

Roughly generalized the study runs off as follows: At the beginning stands the basic study, which ends usually with individual conclusion examinations. Hieran follows a second phase, characterized from the so-called (large) „exercises “, thoselikewise by examinations, in addition, comprehensive housework appraisals to be accompanied. In the connection hieran each student spends usually still about one year with exam preparations. The official universitäre training is locked with the first legal state examination (first state examination).

In some Lands of the Federal Republic can alsothe first state examination the academic degree of the diploma lawyer (Dipl. - Jur.) to be acquired. Also it is possible, after a three-year study for the Baccalaureus Juris (bac. jur.) and after a further year the Magister Juris (likes. to acquire jur.), the latters equivalently to firstState examination.

For a permission as an attorney or an office in the law „the capability is necessary for the justiceship “, which is acquired in a second state examination. This comes up as period of instruction a Referendariat, mostly ahead accompanied from a further theoretical preparatory phasethe examinations.

criticism at the present law studies

critic criticize that the knowledge is hardly obtained in economics and in particular political economy with lawyers in the study. This has for example effects on the legislation. But straight are here economic knowledge ofspecial interest. However straight legislative decisions are not by any means the lawyer reserved, but in the democracy by the parliaments are made. At some professional schools and universities as reaction to this lack in a first step the course of studies of the corporate lawyer developed,however only for the activity in enterprises qualifies.

It is criticized also that so-called basic fan like the historical jurisprudence or the right sociology in the law studies is treated only at the edge, which makes a critical more difficult, the laws reflecting study. Throw they nevertheless to questionsup, without which a scientific-correct interpretation and classification of legal rules are with difficulty possible. Contrary to judicial application of the law jurisprudence must carry a straight reflection out beyond the legal text, only so can the developing process, the social function (like social controlCriminal law standards) and historical purchases to be seized and stated. To that it can be held out however that the jurisprudence is in the emphasis the science of the valid right. As such it has however authentication and persuasive power only if it the law - andthe democratically formed will expressed therein - obligated and no own valuation, also not results as law henceforth as possible reflection, is adds. The central meaning of the dogma TIC of the right addressed thereby does not exclude it by any means, also the historical development of the legal rules inTo pull consideration, like the example v. Savignys shows.

see also

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